HARVEY REGLAND COMPANY v. Newton

MERRILL, Justice.

This is an appeal by defendants from a judgment of the trial court granting plaintiff’s motion for a new trial. Plaintiff sued for injuries received while he was a pedestrian crossing U. S. Highway 31 in Warrior, and he was hit by the truck of defendant Harvey Ragland Co. while being driven by defendant Laminack. The complaint was in two counts, but the wanton count was withdrawn and the cause was submitted to the jury on the count charging simple negligence. The jury returned a verdict in favor of defendants, and the trial court granted plaintiff’s motion for a new trial.

The…