Searcy v. Sellers

ELLIS, Chief Justice.

This is a case involving the application of the doctrine of discovered peril in a rear-end automobile collision case. The case was tried before a jury which found that the defendant-appellant was guilty of primary negligence in certain particulars, but also found that plaintiff-appellee was guilty of contributory negligence. Additionally, the jury found the appellant guilty of discovered peril negligence, and on such basis the trial court entered judgment against appellant in the sum of $20,052.00, the amount of damages found by the jury. From such judgment the appellant…