Cox v. Kroger Co.

LINDLEY, Circuit Judge.

Plaintiff brought suit to recover damages sustained in a collision which, he avers, was occasioned by the negligent operation of an automobile owned by defendant Kroger Company and operated by its agent, defendant Johns. The jury found for plaintiff and assessed his damages at $10,300.00. From the resulting judgment, defendants appeal, contending that the trial court erred in denying their motions for a directed verdict and for judgment notwithstanding the verdict.

In resolving the controversy presented by this appeal, this court need only determine whether, as…