Marchant v. Clark

(Pro Tempore)

Plaintiff brought this action for personal injuries arising out of an accident occurring in Columbia county. The jury returned a verdict for defendant and the trial court, on motion of plaintiff, set aside the judgment and granted a new trial. Defendant appeals.

Plaintiff was a passenger in an automobile that collided with a gravel truck owned by Columbia county. Plaintiff named as defendants the driver of the truck and Columbia county but moved for and received a voluntary nonsuit against the latter.

The plaintiff’s motion for a new trial was based upon several grounds. Although…