Harwell v. Blake ex rel. Blake

McDonald, PARKER LEE, Associate Judge.

This is an appeal by a defendant in whose favor a jury returned a verdict from an order of the trial court granting the plaintiffs a new trial. The sole basis of the Court’s granting a new trial was its conclusion that it had erred in giving a sudden emergency instruction and that it had erred in failing to admit into evidence a purported copy of a docket sheet of a Justice of the Peace Court.

Although the facts are in dispute, the following are the facts in the light most favorable to the defendant. (This is the test to be applied to a successful…