Shuck v. Keefe

This is a personal injury case. Liability in damages is predicated on the negligence of the appellant in the operation of his automobile. The plaintiff was awarded a verdict. The reversible error relied upon by appellant has to do with (1) overruling defendant’s motion for a directed verdict, (2) overruling defendant’s motion for new trial, and (3) the giving of certain instructions to the jury. In determining the correctness of the rulings on the motions aforesaid, attention must be given to the factual side. We will turn first, however, to the material allegations of the petition and answer.