Birmingham Ice & Cold Storage Co. v. Alley

THOMAS, Justice.

The suit was for personal injury. The verdict of the jury was for defendant. The only assignment of error challenges the action of the trial court in granting plaintiff’s motion for a new trial.

The uncontradicted testimony in this case showed the following facts: Appellant is in the ice business. ' On June 2, 1944, one of its trucks was parked in front of a grocery store. The truck contained ice which was being delivered to customers by Jack Foster, operator of the truck. The grocery store in question was situated on 11th Avenue North near 13th Street in the City of…