Flener v. Brewster Motors, Inc.

Mr. PRESIDING JUSTICE EBERSPACHER

delivered the opinion of the court:

Plaintiff appeals from an order of the trial court of Williamson County allowing defendant’s post-trial motion for judgment in favor of defendant after the jury to which the case has been submitted failed to agree. The case was tried on two counts of the complaint, both of which were based on ordinary negligence and both of which alleged that plaintiff was in the exercise of due care and caution for his own safety and that of his property.

Defendant’s decedent, who will hereafter be referred to as “defendant”, the driver of…