Denman v. Spain
Mississippi Supreme Court
135 So.2d 195 (Miss. 1961)
Betty Denman (plaintiff), a minor, sued Spain (defendant), the executrix of Joseph Ross’s estate, for personal injuries sustained in a car accident that had killed Ross and the other people in Denman’s car. Denman, who did not remember what led up to the accident, offered the following for evidence: the day of the accident was rainy and foggy; the cars were driving in opposite directions on the highway; the cars collided at some point; Hal Buckley, another motorist, stated that he was passed by Ross’s car before the accident at a speed estimated at 75-80 MPH, but that Ross had stayed in his correct lane. Spain did not offer any evidence. The trial jury ruled in favor of Denman. Spain then filed a motion for a judgment non obstante veredictor, or judgment notwithstanding the verdict. The trial judge granted Spain’s motion, awarding judgment in favor of Spain. Denman appealed.
Rule of Law
Holding and Reasoning (Lee, J.)