Chism v. Decatur Newspapers, Inc.

The plaintiff appellant, hereinafter called plaintiff, appeals from an order overruling plaintiff’s motion for a new trial following a jury verdict of not guilty in a negligence action for injuries suffered when a truck of the defendant appellee, hereinafter called the defendant, struck the plaintiff, a pedestrian. In the first trial the jury did not agree and the case was retried.

The accident occurred about. 8:00 p. m. on April 15, 1947. Cerro Gordo street in the City of Decatur is a public highway running generally in an easterly and westerly direction. It is paved and about 40 feet wide,…