Sack v. A. R. Nunn & Son

The problem to be determined by this court is whether the trial court under the circumstances of this case as developed by the evidence erred in sustaining the motion of the defendants to direct a verdict at the close of plaintiff’s case. The plaintiff’s theory of the case is that when the accident occurred the automobile in which she was riding was constructively in the possession and under the control of the defendants who were using it to carry out a contract which they had made to transport the family of the decedent, including the plaintiff, to the church and cemetery and then back to…