Nichols v. Rothkopf

Buford, ].

The writ of error brings for review order granting new trial pursuant to judgment for defendant in a suit by a passenger in an automobile against the owner of a truck because of alleged injuries to the plaintiff caused by a collision between the automobile in which he was' riding andi defendant’s truck on the highway.

There may be found in the record some evidence that both the driver of the automobile and the driver of the truck were guilty of some negligence but the learned Circuit Judge said in his order,

“From the evidence, it seems clear that the defendant was guilty of…