Cook v. Harris

Wilson, Justice:

In this action to recover damages for personal injuries arising out of an automobile collision which occurred on January 10, 1970, on U. S. Route No. 250 in Barbour County, we affirm the action of the trial court in setting aside a jury verdict in favor of both defendants and in granting a new trial to the plaintiffs.

This appeal was sought and obtained by Andy Kurucz, Jr., one of the defendants. He contends that the issue of negligence under the evidence was properly one for jury determination, that the jury resolved that issue in favor of the defendants, and more particularly…