Templeton v. . Kelley

The exception of the defendants to the refusal of the Court to sustain the motion as of nonsuit cannot be sustained. On the former appeal this Court reversed the judgment of nonsuit, holding that there is sufficient evidence to be submitted to the jury. Templeton v. Kelley, supra. That opinion constitutes the law of this ease in that respect.

On the issue of negligence, in its charge, the court instructed the jury in part as follows: “If you find by the greater weight of this evidence, the burden being upon the plaintiff to so satisfy you, that the defendant was operating that car in a…