Penn v. Columbia Asphalt Co.

SHANGLER, Judge.

The plaintiffs Frankie R. Penn and Patsy Mae Penn, his wife, appeal from an order for new trial in favor of defendant Columbia Asphalt Company after the return of jury verdicts of $32,000 for Frankie R. Penn for personal injuries and of $4,000 for Patsy Mae Penn for loss of services. The grant of new trial was for error in Instruction No. 2 on the burden of proof and in Instruction No. 4 on the claim of Patsy Mae Penn for loss of consortium. We reverse and remand for reinstatement of verdicts.

On June 30, 1965, at about 3:05 a. m., plaintiff Frankie Penn was driving a…