Ford v. Politte

KENNEDY, Presiding Judge.

This is an appeal from a judgment for defendant granted by the trial court notwithstanding a jury verdict for plaintiff in the amount of $12,400.

Plaintiff Jim Ford was a Columbia peace officer who was injured when he was kicked on the knee by defendant Emmett Politte, whom he was ushering to the jail. The petition alleged that the defendant negligently kicked the plaintiff, and the case was submitted to the jury on that theory. The defendant tendered and the court gave, probably to the utter bewilderment of the jury, an instruction which told the jury that their…