Kelly v. Marshall's Adm'r.

Opinion op the Court by

Judge Baird

Affirming.

C. M. Kelly and James Offutt appeal from a joint and several judgment, rendered against them in the "Whitley circuit court on the 2nd day of February, 1937, for $8,000 in damages for the negligent killing of Andrew Marshall, deceased. By their motion and grounds for a new trial they complain of fourteen alleged errors, but counsel virtually waives all, except the followiug: (1) The court erred in instructing the jury; (2) in admitting incompetent evidence; (3) in refusing to continue the case because of the absence of the witness, Arnold Stewart;…