Avery v. Nordyke & Marmon Co.

Appellant brought this action against appellee to recover $15,000 damages for personal injuries alleged to have been received by the negligence of the appellee. There was a verdict and judgment against him for costs in the superior court, from which he appealed to the Appellate Court. The latter reversed and set aside the judgment of the lower court, and ordered the case back, with the mandate that the trial court grant a new trial. From the judgment of the Appellate Court reversing and setting aside the judgment of the .Marion Superior Court, the Nordyke & Marmon Company appeal to this court.