Rhodes v. Roadway Express Co.

GOODWYN, Justice.

Appeal by plaintiff from judgment granting new trial to Roadway Express Company, one of the defendants.

Plaintiff brought suit in the circuit court of DeKalb County against Roadway Express Company, a corporation, Roy Brooks, Jr., Roy Brooks, Sr., and T. T. Brooks, to recover damages for personal injuries allegedly resulting from a collision of two motor vehicles on a public highway.

Prior to entering on the trial, the plaintiff moved for and was granted a non-suit as to defendant Roy Brooks, Jr.

The case went to the jury on Count B. It is averred in this count that plaintiff’s…