Johnson v. McAfee

Underwood, Judge.

Plaintiff, injured when his automobile was struck by an excursion bus owned by the corporate defendant and being operated by its employee McAfee, brought this appeal after a verdict for defendants, his primary contention being that the court erroneously denied his motion for directed verdict as to liability. We find this complaint tq be meritorious, and consequently we reverse.

1. We do not find sufficient support in the record for defendants’ claim that the motion for directed verdict had been waived or rendered moot, or that plaintiff had acquiesced in or induced any error…