Charles v. McPhee A.

I. Since the plaintiff was reading a letter just previous to the accident, he was oblivious to all his surroundings and was unable to correct any distortion of fact that may have arisen because the only eye-witnesses were the two defendants, each of whom seems to have been anxious to lay the full blame on the other. In this situation, the jury could find evidence to justify almost any result.

McPhee now admits that his motions for a nonsuit and for a directed verdict were properly denied. It could be found that he overtook the Barton car and attempted to pass it. At the moment, Barton, having…