Davis v. Wingard

GOODWYN, Justice.

This is an appeal by the defendant from a final judgment of the circuit court of Coffee County rendered on a jury verdict in favor of plaintiff. The suit was brought pursuant to § 119, Tit. 7, Code 1940, for the wrongful death of plaintiff’s minor daughter in an automobile accident. The complaint, consisting of one count, charges simple negligence.

The questions argued and presented relate to the following: (1) The overruling of defendant’s motion to discharge the jury selected- to try the case; (2) the refusal of defendant’s requested affirmative charge with hypothesis; (3)…