Evans v. Jones

Memorandum: A verdict may only be directed when a contrary verdict would be required to be set aside for legal insufficiency of evidence. (Civ. Prac. Act, § 457-a.) Ordinarily, the question of negligence is one of fact for the jury. This record discloses issues of fact as to the happening of the accident and as to whether the defendant exercised reasonable care in the operation of her automobile under the circumstances. We also think it was for the jury to say whether the plaintiff driver and owner was free from contributory negligence. If the defendant’s testimony is believed, the plaintiff…