Miller v. Atlantic Refining Co.

Opinion by

Mr. Chief Justice Jones,

The basic question on this appeal is whether the evidence adduced by the plaintiff would legally justify a finding by a jury that the defendant was responsible for the negligent condition existing on certain described premises which allegedly caused the personal injury for which the plaintiff claims damages. Upon the trial of the case, the jury disagreed and was thereupon discharged by the court without rendering a verdict. Thereafter, the defendant, having submitted a point for binding instructions which the trial judge had declined, moved for judgment on…