Tyner & Blackmon v. Fryer Truck & Tractor Co.

This case was previously before this court on exceptions to the overruling of a motion for a new trial, which assigned error on the direction of a verdict for the defendants, and this court reversed the judgment of the trial court. Tyner & Blackmon v. Fryer Truck &c. Co., 83 Ga. App. 393 (63 S. E. 2d, 695). The material allegations of the petition and the evidence on the first trial of the case are set out in that decision.

On the second trial of the case, Bruce Gilbert testified for the plaintiffs, in part, as follows: “On December 3, 1948, I was employed by Tyner & Blackmon Funeral Home [the…