McKinny v. Bailey

CULLEN, Commissioner.

The automobiles of John McKinny and Edd Bailey, traveling in opposite directions on a highway in the country, met in substantially a head-on collision. Bailey sued McKinny for damages, and the latter counterclaimed. Upon a trial, the jury returned a verdict finding that neither party should recover. Bailey moved for a new trial, and this motion was sustained on the ground that the instructions upon the first trial were erroneous in two respects. Upon the second trial a verdict was returned in favor of Bailey for $6,835. McKinny moved to substitute the first verdict for…