Cabe v. Langley Ex Rel. Langley

BERRY, Justice.

In this acfion defendant in error, James C. Langley, Jr., hereafter referred to as plaintiff, sought to recover damages from plaintiff in error, Gene C. Cabe, hereafter referred to as defendant, for personal injuries sustained in the hereafter-referred-to accident.

From a jury verdict in defendant’s favor, plaintiff filed a motion for new trial which was sustained upon the grounds that it was prejudicial error to instruct the jury upon “unavoidable accident” and that because of said instruction plaintiff did not have a fair trial. From order sustaining plaintiff’s motion for new…