Jernigan v. . Jernigan

CláRKSON, J.

This action has heretofore been before this Court and a Per Curiam opinion was filed 19 September, 1934, post, 851. This Court reversed the judgment of nonsuit, and said: “While the defenses of joint enterprise, sudden emergency, unconsciousness of the defendant, and contributory negligence raise very interesting questions, we think they should have been submitted to the jury under proper instructions, since we are of the opinion that there was sufficient evidence of the alleged negligence of the defendant to carry the case to the jury.”

At the close of plaintiff’s evidence, and at…