Carl Corper Brewing & Malting Co. v. Huggins

In presenting this appeal, counsel for the appellant waive .•all questions of procedure, and any question as to the .amount of the recovery. The instructions given by the learned trial court to the jury are conceded to be correct statements of the law, except that i.t is urged that the court ■erred in declining to peremptorily direct a verdict for .appellant.

The one contention-presented is that upon the evidence there can be no recovery, for the reason that the evidence fails to show, it is claimed, that when Herrold negligently drove the horse and buggy so as to injure appellee, he was…