Bates v. Burns

WORTHEN, Justice.

Plaintiff brought this action to recover damages sustained when his pick-up truck was hit by defendants’ coal truck (tractor and trailer) loaded with twelve tons of coal.

The case was tried to a jury resulting in a verdict in favor of plaintiff. Upon motion the trial court set aside the verdict and judgment, pursuant to Rule 50(b), and entered judgment for defendants, “no cause of action.”

This appeal is taken from the judgment entered in favor of defendants.

The basis of plaintiff’s appeal is that the evidence establishes conclusively that 1) defendant was negligent and that…