Bradshaw, Plosser & Rowe, Inc. v. Hoskins

After judgment and verdict for defendant, the court, on motion of the plaintiff, awarded a new trial, and the defendant has appealed.

The ease went to the jury on the fifth count of the complaint, ascribing the plaintiff’s injury and damage to the negligence of the defendant’s servant or agent in the operation of a truck in “negligently causing or allowing said truck to run into, upon, against or over said embankment or ditch, or to overturn, or plaintiff to be knocked, thrown or caused to fall from said truck”; and defendant’s plea of the general issue, in short by consent, etc.

Under the…