Barry v. Arrow Transportation Company

McFADDEN, Justice.

This is the second appeal in this action. On the previous appeal (Barry v. Arrow Transportation Company, 80 Idaho 447, 333 P.2d 1008), the judgment in favor of the plaintiff and order denying new trial were reversed and the case remanded with directions to grant a new trial. This appeal is from the judgment in the second trial entered in favor of the plaintiff for $10,000, and from the order denying defendants’ motion for judgment notwithstanding the verdict or in the alternative, a new trial.

The facts out of which this litigation arose are as follows : Plaintiff…