McCall v. Dixie Cartage & Warehousing, Inc.

The defendants, by proper motions, challenged the sufficiency of the evidence to go to the jury on plaintiff’s specifications of negligence. The defendants conditionally pleaded plaintiff’s contributory negligence. However, the defendants did not offer evidence. The plaintiff’s evidence does not establish contributory negligence as a matter of law. Doubtful it is whether the evidence was sufficient to permit the jury to consider contributory negligence. However, since plaintiff was successful before the jury, the submission of the issue was not prejudicial.

The evidence disclosed that…