Ward v. Everett

Plaintiff in error was struck by an automobile and seriously injured. He brought this action to recover damages for personal injuries. At the conclusion of the testimony the court indicated that a motion for directed verdict in favor of the defendant would be granted whereupon plaintiff moved a non suit which was allowed and from which writ of error was taken.

The only question presented is whether or not the evidence of negligence was such that it should have gone to the jury to determine that point.

The injury was shown but the test of whether damages should be awarded is not the fact of…