Peacock v. Sheffield

Quillian, Judge.

At the close of the evidence, counsel for the defendant moved for a directed verdict in the following language which we quote in part: “At this time I would like to move for a directed verdict on behalf of the defendant in the proposition under the law that the evidence clearly shows that whatever negligence the defendant may have been guilty of, if any, was a static condition, and the evidence clearly shows that the plaintiff through the exercise of ordinary care could have seen him or should have seen him and avoided the consequences of any negligence that the defendant may…