Boone v. . Matheny

The plaintiff sued to recover damages for injuries sustained in the overturning of defendant’s wrecking car in which he was a passenger while the car was being driven by defendant’s employee. The injuries were alleged to have been caused by the negligence of the driver. • Upon the trial defendant suffered an adverse verdict upon the issues and appealed from the judgment entered thereupon. Pertinent evidence on the points considered is summarized in this opinion.

The appeal, inter alia, presented for error the refusal of the trial judge to render judgment as of nonsuit, upon a demurrer to the…