Sanders v. Newsome

Plaintiff, Lucius Newsome, alleged, in his notice of motion, that he was struck and seriously injured by a car operated by H. W. Sanders. The defense to this allegation was, (1) that defendant’s car did not strike plaintiff, and (2) that plaintiff failed to prove that defendant was negligent. On these issues the jury returned a verdict for plaintiff in the sum of $3,500, on which the trial court entered judgment. From that judgment defendant obtained this writ of error.

Two of the four assignments of error are based on the contention that the evidence is insufficient to support the verdict.…