England Memorial Wks. v. Yellow Transit Co.

This is an appeal from the action of the Circuit Court of Polk County in overruling a motion of the Yellow Transit Company (Appellant)' to set aside a judgment of dismissal of its counterclaim.

The facts leading up to the Court’s action are:

On June 12th, 1948, Josephine England filed in the Greene County Circuit Court a suit against appellant and one Ernie Davenport alleging that Davenport, while driving for appellant on U. S. Highway 66, negligently ran his truck into plaintiff’s truck, driven by one Floyd Severs, and damaged it in the sum of $1500.00 and that she suffered further damages by…