[DOWNLOAD] "Billy D. Lane v. Osby E. Wilson" by Springfield District Missouri Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Billy D. Lane v. Osby E. Wilson
• Author : Springfield District Missouri Court of Appeals
• Release Date : January 20, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Billy D. Lane, as plaintiff, instituted suit against Osby E. Wilson and Gene Arthur Fields, as defendants, to recover damages
for personal injuries alleged to have been sustained by Lane in a collision between a motorcycle driven by Wilson, on which
Lane was riding as a passenger, and an automobile driven by Fields. In due time, defendant Wilson filed a cross-claim against
co-defendant Fields [V.A.M.R. Rule 55.49], in which Wilson sought damages of $12,000 for personal injuries alleged to have
resulted from the same collision. Thereafter, plaintiff Lane dismissed his petition as to both defendants, and Wilson's cross-claim
came on for trial before the court and a jury. At the close of the evidence offered by cross-claimant Wilson, defendant Fields'
motion for a directed verdict was granted by the trial court. V.A.M.R. Rule 72.01. After unavailing motion for a new trial,
cross-claimant Wilson has perfected this appeal from the adverse judgment entered upon the verdict thus directed. The only negligence alleged in the cross-claim was that defendant Fields had failed, under the humanitarian doctrine, to
avert the collision "by swerving his automobile to its right." In granting defendant's motion for a directed verdict, the
trial court found "no evidence of any probative force from which the jury could determine when [cross-claimant] Wilson came
into a position of imminent peril" and "no evidence to support" the single assignment of negligence in the cross-claim. Since
the sole issue raised in cross-claimant's motion for a new trial and presented on this appeal is whether he made a submissible
case under the humanitarian doctrine for defendant's alleged failure to swerve to the right, a detailed statement of facts
is required.

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