Wilt v. McCallum

The following opinion of Bland, J., as originally written,.is hereby adopted as the opinion of this court on rehearing, except as hereinafter stated. The original opinion inadvertently referred to the machine in question'as a “Wampler” machine, when the .correct name was “Wappler.” This error, however, is not material and in no way affects the conclusions reached. The opinion reads as follows:

This is a suit for damages for personal injuries. Plaintiff recovered a verdict and judgment in the sum of $6000 but voluntarily remitted the sum of $3000 from the judgment, resulting in a final judgment…