HAYS, Justice.
Plaintiff, in a trial to a jury, recovered a verdict in the amount of $3,500.00 on account of injuries sustained when the car which he was driving was struck from the rear by a car being driven by defendant. The trial court thereafter sustained defendant's motion for a new trial and plaintiff appeals.
While the evidence is in conflict on some matters, the record shows that on the night of August 21, 1948, appellant driving a car owned by one...
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