Walton v. Guthrie

In this opinion, the parties will he referred to as plaintiff and defendant, Eddie Lee Walton, the plaintiff in error, having been the plaintiff in the lower court, and Floyd Guthrie, d/b/a Gus’ Drive-In, the defendant.

Suit was originally filed in the Circuit Court of Shelby County September 3, 1958, where it was tried; hut after presentation of proof by plaintiff and defendant, plaintiff took a voluntary nonsuit. His suit was filed again on May 5, 1960. At the second trial, after presentation of proof by both plaintiff and defendant, the defendant moved for a directed verdict, which motion…