Farmer v. Taylor

STONE, Judge.

In this jury-tried action for personal injuries, plaintiff had judgment for $7,200; but, upon defendant’s timely after-trial motion under Section 510.290 RSMo 1949, V.A.M.S., the trial court set aside the judgment for plaintiff and entered judgment for defendant in accordance with his motion for a directed verdict at the close of the entire case. Upon this appeal by plaintiff, the determinative issue is whether plaintiff made a submissible case under the only theory presented in his instructions, i. e., defendant’s alleged negligence under the humanitarian doctrine for failure to…