ELLETT, Justice:
This is an appeal by plaintiff from a judgment of no cause of action notwithstanding a verdict in his favor. Since the jury found in his favor, we must view the evidence in a light most favorable to his case. However, since there is not much dispute as to the facts of this case, we are at liberty to apply the law without regard to the effect it will have on either party.
The action arose out of an accident that occurred August 8, 1968, when...
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