Harrell v. . Tripp

Stacy, C. J.,

after stating the case: The validity of the trial is called in question by a number of exceptions and assignments of error, but consideration of them seriatim is omitted, as we deem it necessary to award a new trial for error in the following instruction on the issue of ownership, which forms the basis of one of the defendants’ exceptive assignments of error:

“The court further charges the jury that if the jury shall find from the evidence that the plaintiff permitted Mr. Tripp to drive the car to his home, but that he did not either by words or by unequivocal conduct, authorize…