Wheeler v. City of Maryville

McAMIS J.

Mrs. Barsha Wheeler instituted this suit against the City of Maryville to recover damages for personal injuries sustained when she fell on a sidewalk. The trial court sustained the City’s motion for a directed verdict at the conclusioAi of all the evidence based upon its insistence that the evidence failed to establish a case of liability “under the law and the evidence.” The plaintiff appeals in error.

While the motion for peremptory instructions, as seen from the language above quoted, is based upon the asserted insufficiency of the proof to make out a case “.under,.the. law and the…