Gardner v. Sikes

Jordan, Judge.

Herschel Sikes filed suit against H. M. Gardner, his wife, Mrs. Grace Gardner, and their son, H. M. Gardner, III, to recover a judgment for damages sustained by him in a collision between his vehicle and that being operated by H. M. Gardner, III, liability against Mr. and Mrs. Gardner being predicated upon the “family-purpose doctrine.” By amendment H. M. Gardner, III, was stricken as a party defendant. A verdict was returned in favor of the plaintiff and the exception is to the denial of the defendants’ motion for new trial as amended. Held:

1. The uncontradicted evidence in…