Hay v. Carter

The trial judge erred in not granting the defendant’s motion for a new trial. The evidence did not support the verdict. There was proof that the defendant was drinking and that she expressed a desire to settle with the plaintiff without indicating why she wished to make the settlement, but the record is entirely silent as to the cause of the collision between her automobile and that of plaintiff. It does not disclose whether the plaintiff’s or the defendant’s lack of care was the proximate cause of the collision or whether it was the result of pure accident. In Cardell v. Tennessee Electric…