Kelso v. W. A. Ross Construction Co.

* NOTE: Opinion filed at September Term, 1934, February 8, 1935; motion for rehearing overruled April 17, 1935; motion to transfer to Court en Banc filed; motion overruled at May Term, July 9, 1935. This is an action for damages for plaintiff's personal injuries caused by a truck, owned by his employer W.A. Ross, backing against him. There were two trials in the circuit court. In the first trial, plaintiff obtained a verdict for $20,000 which was set aside by the court as against the weight of the evidence. In the second trial, plaintiff had a verdict for $15,000 and judgment was entered…