Shelby County Board of Education v. Moreland

PALMORE, Chief Justice.

The Shelby County Board of Education appeals from a verdict and judgment in favor of appellees, Elvin Bailey and the personal representatives of William Crisp and John Moreland, which they obtained upon the fourth trial of this case. The critical question is whether the trial court erred in setting aside a verdict returned in favor of the Shelby County Board of Education in the third trial and granting a new trial.

On a morning in January of 1959 Bailey, Crisp and Moreland were standing in front of Moreland’s disabled car which was stopped on the north shoulder of U.S.…