Day v. Minor Walton Bean Company

Plaintiff was a passenger in an automobile which collided with a tractor-trailer truck on a one-lane bridge, 40 feet in length. After a jury trial on the merits, a verdict of no cause of action was returned in favor of defendant. Plaintiff’s motion for a new trial on the ground that the verdict was contrary to the great weight of the evidence was denied. Plaintiff assigns as error the denial of his motion for a new trial.

The driver of the automobile in which the plaintiff was traveling was killed. At the trial the plaintiff and the driver of the truck testified. Plaintiff said that a short…