Culbertson v. Mays

By Judge Ford C. Quillen

This matter is before the Court on a motion to set the verdict aside. There are a number of grounds assigned in the plaintiff’s motion, and the Court will discuss Number 2 first because the Court feels it may be dis-positive of the other issues in this case.

In the Motion to Set Aside, the Allegations of Error Number 2 are as follows: “The Court erred in failing to give the plaintiffs proffered instruction .... That instruction was: As a matter of law, the defendant was negligent and his negligence was a proximate cause of the accident.”

The evidence in the case is that…