Nichols Transfer & Storage Co. v. Lumpkin

This is a personal injury action from the district court of Tulsa ■county growing out of an alleged automobile collision. Verdict was for defendant, and plaintiff’s motion for new trial was sustained, and defendant has appealed. The parties are referred to as they appeared at the trial.

The error assigned is as follows:

“The lower court erred and manifestly abused the sound judicial discretion -vested in trial courts when it sustained the plaintiff’s motion for a new trial and set aside the unanimous verdict which the jury had returned in favor of the defendant.”

The principal issue at the trial…