Rushing v. Edwards

Alton Rushing, appellant, brought this suit in the Circuit Court of Tishomingo County against appellee, Whitney Edwards, for personal injuries resulting when Rushing fell off a truck loaded with hay and driven by Edwards. The questions center around the propriety of giving a sudden emergency instruction under the facts; Rushing’s right to complain about it when he obtained *680an instruction on the same theory and did not ask for a peremptory instruction on any issue; and whether the verdict was against the great weight of the evidence.

Since the jury returned a verdict for Edwards, the facts and…