Carroll v. Kirk

Opinion by

Keller, P. J.,

The defendant, Howard T. Kirk, has taken two appeals. The one, No. 164, from the refusal of the court below to grant him a new trial; the other, No. 236, from the entry of judgment on the whole record in favor of the additional defendants.

The action was in trespass, brought by Wilmer Carroll, the owner of a Plymouth coach automobile, against Kirk, the owner and driver of a truck with which it collided on July 22, 1937, to recover ’the property damage which he sustained because of the collision. ; í ¡'

The plaintiff was not in the car at the time of the collision. It was…