Russell v. Goza

Shulman, Judge.

Appellant’s six-year-old daughter died one day after she was injured by a car driven by appellee. This appeal follows the action of the trial judge in directing a verdict in favor of defendants/appellees, at the conclusion of plaintiff s/appellant’s case.

1. The granting of the motion for directed verdict is enumerated as error.

"The trial judge has no right whatever to weigh the evidence, nor to decide any issue of fact. Before he can legally direct a verdict for the defendants, he must find from the evidence that there is no evidence of any kind supporting plaintiffs position.…