Tidwell v. Ray

CLAYTON, District Judge.

This diversity tort action seeking damages for the death of a seven year old girl was tried to a jury. At the close of all the evidence plaintiff moved for a directed verdict upon the ground that, as a matter of law, defendant’s evidence established negligence on his part which contributed to the happening of the accident in which the child was killed and that since the child could not be charged with contributory negligence the verdict must be for plaintiff. This motion was overruled and upon submission to the jury, a verdict for the defendant was returned, upon which…