Samuel-Hawkins Music Co., Inc. v. Ashby

This cause comes to us on petition to transfer from the Appellate Court pursuant to Rule 2-23 of this Court, the Appellate Court’s opinion appearing in 196 N. E. 2d 760.

Appellant has appealed from an adverse judgment in an action for personal injuries growing out of an automobile accident in which the jury awarded appellee a verdict of $5,000 and found against appellant on the counterclaim. Error is assigned upon the overruling of the motion for new trial.

Appellant first contends on this appeal that the trial court erred in refusing to give to the jury appellant’s tendered instructions 3, 4,…