Bentley v. Melton

This action arose out of an intersection collision involving the truck of plaintiffs in error and another vehicle being driven by a person not a party to this action. Following the collision of the two vehicles the truck proceeded a short distance out of control and then collided with defendant in error’s building, causing the damage for which the action is brought. Hereinafter the parties will be referred to as they appeared in the trial eourt.

The sole issue on appeal is the correctness of the court’s order granting plaintiff a new trial after judgment on the jury’s unanimous general verdict…