Bower v. Lively

Appellee sued C. L. Bower and appellant, Thruston Bower, individually and as a copartnership operating automobiles for hire as a common carrier, under the firm name of Bower Auto Rent Company, for damages for personal injuries alleged to have been sustained when their automobile, in which appellee was riding as a passenger for hire was run off the road, overturned, and wrecked. The negligence alleged was predicated on the doctrine of res ipso loquitur. At the conclusion of the evidence, the jury were instructed (a) that the evidence established negligence, and (b) to “consider only the…