Mellor v. Heggaton

The defendant contends that the court erred in granting plaintiff’s motion for a new trial and in not granting defendant’s motion for judgment on the verdict as rendered, while the plaintiff contends that the case should be sent back to the circuit court with directions to enter judgment for the plaintiff, after the amount of the damages has been assessed by a jury, because it conclusively appears from the evidence that the defendant was negligent, as a matter of law, in a situation to which the emergency rule was not applicable, since the defendant himself created the emergency.

In the view…