Muskogee Transfer & Storage Co. v. Ward

The parties appear on appeal in the reverse order to that in the district court, and will be referred to as they appeared there.

The plaintiff below brought an action against the defendant below alleging negligence of the defendant in striking and injuring the plaintiff in the operation of a moving automobile used by the defendant to haul furniture and household goods. Trial was had to the court and jury and a verdict was rendered by the jury in favor of the defendant. The plaintiff filed a motion for new trial. The court granted a new trial on account of having given instruction No. 4. From…