Harwell v. Blue's Truck Line Inc.

Bell and Jenkins, Justices,

dissenting in part. The plaintiffs recovered a verdict for damages. A motion for- a new trial, filed by one of the defendants, was overruled, and the defendant excepted. The Court of Appeals reversed the judgment, and under its decision the verdict would have been set aside and a new trial granted. The plaintiffs presented to this court a petition for' the writ of certiorari, assigning error upon the rulings of the Court of. Appeals, so far as adverse to them. The petition was granted, and the case is now before this court for review. ., In determining whether the…