Dixie Ohio Express Co. v. Lowery

SIBLEY, Circuit Judge.

The appellees each lost a husband in a collision between a small truck in which the men were riding and a large and heavily loaded one belonging to appellant. Separate suits for damages were tried together in the district court, resulting in verdicts for moderate damages, and the resulting appeals were argued as one here. The sole question is whether a motion for verdict for the defendant should have been *57granted. The main contention is that the plaintiffs presented no eye witness of the occurrence hut relied wholly on circumstances to show negligence, and that the…