Smith v. Flash City Transit Co.

The primary issue on this appeal is whether the trial court erred in changing the jury’s special verdict answer as to the bus driver’s negligence from “No” to “Yes.” Before submitting the case to the jury, and, in discussing proposed instructions to the jury, the trial court said:

“Well, as I recorded the testimony of the bus driver, Mr. Dixon, he testified that he first saw the vehicle which he said crossed in front of him when it was in front of him with his [the] front bumper at the curb- line waiting for pedestrians to pass in front of him, which would mean that that car was in the exact…