Sumpter v. National Grocery Co.

Plaintiffs joined in bringing an action to recover damages for personal injuries to the one and property damage to the other. The action grew out of a collision between a truck owned by defendant and operated by its employee, and an automobile owned by plaintiff Powers and driven at the time by plaintiff Sumpter in company with a friend. The action was tried before a jury, which returned a verdict for defendant. From an order granting plaintiffs a new trial, defendant has appealed.

The principal question presented on the appeal is whether or not a claim of privileged communication exercised by…