Southern Railway Co. v. O'Boyle Tank Lines, Inc.

EAGLES, Judge.

I

Plaintiffs assign as error the trial court’s grant of defendant’s motion for a directed verdict. Plaintiff contends that the motion *4was improperly granted because the evidence was legally sufficient to show negligence on the part of defendant and the issue should have been submitted to the jury. We agree that the motion was improperly granted as to the individual plaintiffs.

It is well established that the purpose of a motion for a directed verdict is to test the legal sufficiency of the evidence to support a verdict for the plaintiff and to submit the contested issue to a jury.…