Smith v. Burks

I

SHRIVER, J.

The plaintiff, Freeman Smith, sued the defendants to recover damages for personal injuries received in an accident which occurred on or about September 30, 1953.

The case was tried before Judge H. F. Langford, and a jury, and, at the conclusion of the plaintiff’s proof, the defendants’ motion for peremptory instructions was sustained.

The case is properly before this Court on an appeal in the nature of a writ of error and the only question involved is whether or not the Court erred in granting the defendants’ motion for peremptory instructions.

The declaration is in two counts. In…