Eby Ex Rel. Eby v. Sanford

This is an action at law for damages alleged to have been sustained by plaintiff in a collision between an automobile, in which plaintiff was riding, driven by his father, Ben W. Eby, and an automobile driven by the defendant, Bay Sanford. The case was submitted to the jury, which returned a verdict for the defendant. Upon motion being filed for new trial the court set aside the verdict, and from that ruling the defendant has appealed to this court.

It is the contention of appellant that the lower court erred in not sustaining the motion made by him for a directed verdict and that under such…