T. J. Morris Co. v. Dykes

Banke, Presiding Judge.

As the appellee, who owns and operates a grocery store, was helping to unload a shipment of food from a delivery truck belonging to the appellant, which is in the wholesale food business, two boxes of frozen meat weighing approximately 70 pounds each fell from the truck, striking him on the back and neck. He brought the present action against the appellant to recover for his resulting injuries. The case has been tried twice. The first trial resulted in a defense verdict, following which the appellee-plaintiff moved for and was granted a new trial. The second trial…