Burnett v. Yurt

CAMMACK, Chief Justice.

This appeal is from a directed verdict given for the appellee at the conclusion of all the evidence. The appellant seeks a reversal on the ground that the case should have been submitted to the jury.

The appellant was driving his car in a southerly direction on Cane Run Road. He saw a car in front of him proceeding at a slow rate of speed. It was about 1:00 a. m. and extremely foggy. Due to the atmospheric condition the appellant misjudged the speed of the car preceding him and collided with it. He said he was traveling about 10 miles per hour at the time and that the…