Poague v. Kurn

* NOTE: Opinion filed at September Term, 1939, March 6, 1940; motion for rehearing filed; motion overruled at May Term, 1940, May 7, 1940. This is an action for $50,000.00 damages, for personal injuries sustained when plaintiff's automobile was struck by defendants' train. The jury found the issues for defendants. Plaintiff has appealed from the judgment for defendants.

[1] Defendants have filed a motion to dismiss because of the omission, from plaintiff's abstract, of exhibits and the testimony of some of defendants' witnesses. Since it appears that there was an agreement for filing the…