Holland v. Foley Brothers Dry Goods Company

DAVIS, Justice.

I dissent. Plaintiffs-appellants, Jessie Arena Holland and husband, Jesse Holland, sued defendants-appellees, Foley Brothers Dry Goods Company, Inc., Federal Department Stores, Inc., and Alfred Lewis Holder, for damages alleged to have been sustained by Jessie Holland and a truck belonging to the corporate appellees and being driven by appellee Holder.

Trial was to a jury and judgment was entered on December 2, 1957, that appellants take nothing. Appellants filed a motion for a new trial on December 12, 1957. Being unable to get it heard and determined within the 45-day period…