Phillips v. DELTA MOTOR LINES, INC.

I respectfully dissent from the views of the majority insofar as they hold that the verdict of the jury is not contrary to the overwhelming weight of the evidence, and that even conceding that the negligence of the defendants was the proximate cause of the collision, the plaintiff is not entitled to recover because there is no proof of actual damages.

The question as to whether the verdict of the jury is contrary to the overwhelming weight of the evidence needs but little discussion since the admissions of the defendant Poster, who was driving the truck, clearly and without contradiction…