Hanauer v. Miller

JUDGE ROETH

delivered the opinion of the court.

This case is before us for review after this court granted leave to appeal from an order of the Circuit Court of Christian County granting a new trial. The case has a long and complex history and a detailed analysis of events is necessary to understand the one issue involved.

This suit was instituted by the filing of a Complaint on August 31,1948 by Allied Mills, Inc., a corporation, against the defendant, in which such plaintiff alleged in substance that Francis A. Hanauer, while in the exercise of due care and caution, was injured in consequence…