Lathrop v. Smith

OPINION

By the Court,

Eather, J.:

Appeal from order and judgment and from order denying new trial.

This is an action brought by respondent for damages resulting from the negligence of appellant Lathrop while acting in the employ of the appellant Asbury Transportation Company.

Medical testimony established that following the accident respondent was suffering from injuries to his shoulder, elbow, and back. The back condition might have been attributed to an earlier injury or to an aggravation of that injury by the accident here involved.

Appellants’ principal assignment of error relates to the…