Sellers Et Ux. v. Cline

Argued November 18, 1946. Trespass for personal injuries.

The facts are stated in the opinion, by MAWHINNEY, J., of the court below as follows:

This is an action in trespass by Herman Sellers and Rose Sellers, his wife, plaintiffs, against Harry J. Cline, defendant, for injuries suffered by the plaintiff Rose Sellers. The case was tried by a judge and jury and the jury returned a verdict in favor of the plaintiffs. We are now considering defendant's motion for judgment n.o.v.

On January 27, 1943, at about 8:45 p.m. the plaintiff Rose Sellers was proceeding westwardly on the south side of…