Smith v. Blackwell

Brailsford, Justice:

These actions for the wrongful death of Jake E. Smith, Jr., age 20, and for his pain and suffering were tried together, and each resulted in a verdict for plaintiff. Judgments have been entered upon the verdicts, and the defendant has taken a consolidated appeal from both judgments. For convenience, we shall disregard the dual aspect of the proceedings below. The exceptions complain of error in the refusal of defendant’s motion for a directed verdict and in the court’s instructions to the jury. The primary issue presented is whether the evidence, which we summarize below,…