Slother v. Jaffe

Opinion by

Mr. Justice Linn,

This appeal is from the refusal to take off a non-suit. Plaintiff alleged injury in 1941, while riding on defendant’s business truck driven on his business by his driver; plaintiff alleged that he was injured by the driver’s negligent and reckless driving.

The case was disposed of too summarily. It was a simple tort action depending on oral testimony. The plaintiff’s examination had hardly begun when an objection to a question stopped the trial. The first of the two assignments of error summarizes what occurred: “1. The Learned Court below erred in sustaining an…