Gosney v. May Lumber & Coal Co.

Respondent (plaintiff) sued appellants (defendants) for $35,000.00 for injuries alleged to have been received in a collision between an automobile driven by respondent and a truck driven by an employee of appellants. The verdict and judgment were for appellants. The trial court granted a new trial, stating as the reason therefor that he had committed error in giving appellants’ instruction “F”. From the order'granting a new trial an appeal has been taken to this court.

Appellants offered demurrers to the evidence at the close of plaintiff’s case, and at the close of the whole case. The.…