Kennedy v. General Transport Company, Inc.

MERRILL, Justice.

The sole question presented on this appeal is whether the trial court erred in granting the motion for a new trial of defendant, General Transport Co., Inc. The other defendant, Douglas McArthur White, made no motion for a new trial and the judgment against him is not before us.

Earl Kennedy, as administrator of the estate of Birdie Lee Kennedy, filed suit under the wrongful death statute, Tit. 7, § 123, Code 1970, as a result of fatal injuries received by the decedent on July 27, 1970, when the decedent’s truck was involved in a head-on collision with a truck owned by the…