McFadden v. Anderson Motor Co.

Mr. Chiee Justice Gary

(dissenting) : Statement of Facts. — This is an action for damages alleged to have been sustained by the plaintiff, through the wrongful acts of the defendant. This is the second trial of the case. On the first trial, his Honor the presiding Judge granted a nonsuit, on motion of the defendant’s attorneys at the close of all the testimony. The order of nonsuit was reversed by the Supreme Court, and upon the second trial the jury rendered a verdict in favor of the plaintiff for $2,000, and the defendant appealed.

The complaint is as follows:(1) That the defendant now is,…