Powell v. Galloway

Opinion op the Court by

Judge Willis

Affirming.

This was an action for damages instituted by Randolph Calloway against Dr. E. N. Powell, which resulted in a verdict and judgment for plaintiff in the sum of $3,000. A motion for a new trial was overruled, and the defendant has appealed. It is insisted that numerous errors prejudicial to the appellant’s rights intervened at the trial, all of which will be noticed as the opinion proceeds.

The first complaint is that the evidence was insufficient to take the case to the jury or to sustain the verdict for plaintiff. It is correctly contended that a…