McWhorter v. Draughn

The case is here fox the second time. Upon the former appeal the judgment of the lower court granting a peremptory instruction to find for the defendant was reversed and the case remanded for a new trial. See McWhorter v. Draughn et al., 98 So. page 597, in which decision will be found a full statement of the facts and law of the case. On the second trial below the facts as shown by the evidence were substantially the same as in the first. There was some additional testimony given in the last trial with reference to the defendant having given warning, or attempting to do so, to the plaintiff…