Barnett v. . Mills

This is an action to recover damages for personal injury caused by the explosion of a dynamite cap. The material parts of the evidence are stated in the opinion.

The defendant moved to dismiss the action because of the pendency of another action for the same cause in Rutherford County, in which a judgment of nonsuit had been entered. The motion was overruled, and the defendant excepted.

There was also a motion for judgment of nonsuit, which was overruled, and defendant excepted.

His Honor charged the jury, among other things, as follows:

1. "Now, if you find by the greater weight of this evidence…