St. Joseph Bank & Trust Co. v. Putman

Appellees, plaintiffs below, filed their complaint for property damage against appellant, as executor of the Estate of Charles Fulwider, who died in the vehicle collision from which this action arose. Following trial to a jury in which defendant presented no evidence and judgment was entered for plaintiffs-appellees in the sum of $9,675.00 and costs, appellant filed its motion for new trial, the overruling of which is assigned as error upon appeal.

The evidence introduced below during plaintiffs’ case in chief is as follows: On July 9, 1962, a dry, clear summer day, appellee Putman was…