Great Atlantic & Pacific Tea Co. v. Donaldson

On Rehearing.

In appellee’s brief we are taken to task for holding that the verdict was contrary to the weight of the evidence and was therefore wrong and unjust. Let us see. There were just two disinterested witnesses to the accident; one a white woman and one a white man. Hays, the driver of the truck, is not a party to the suit, is also an eyewitness, but may be classed as an interested witness, by reason of the fact that he is still connected with defendant. The other eyewitnesses are the plaintiff, Curtis Hosea, who has a suit against defendant growing out of the same accident. ' Both of…