U.S. Industries, Inc. v. Tharpe

HEDRICK, Judge.

Defendant assigns error to the judgment directing a verdict for the plaintiff and the third-party defendant with respect to defendant’s counterclaim and cross claim. The evidence offered at trial tends to show the following:

The collision giving rise to this cause occurred about 9:00 p.m. on 27 November 1977 at the intersection of U.S. Highway 21 Bypass and Poplar Springs Road between a tractor-trailer owned by plaintiff and driven by plaintiffs agent, Pulaski, third-party defendant, and a Mustang Cobra automobile owned by the defendant, Barker, and driven by the defendant,…