Wages v. Chemical Leaman Tank Lines, Inc.
Wages v. Chemical Leaman Tank Lines, Inc.
Opinion of the Court
This action for personal injuries arose from a collision between plaintiff’s automobile and defendant’s tractor-trailer truck, and it involves the usual questions of negligence, proximate cause, etc., normally found in such cases. At the close of plaintiff’s evidence defendant made a motion for directed verdict, which was overruled. The defendant put up its evidence, the court charged the jury, exceptions to the charge were made and overruled, and the jury began its deliberations at 4:45 p.m. At 6:40 p.m. the jury returned without being able to reach a verdict. Upon questions from the court, it appeared that the jury did not desire additional instructions but were unable to agree on whether defendant
1. The motion to dismiss the appeal is denied.
2. We are no more able to resolve the factual issues involved in this case than was the jury, nor are we authorized to do so. We are certainly unable to demonstrate that'there is no conflict in the evidence as to any material issue and that the evidence introduced, with all reasonable deductions therefrom, demands a verdict for defendant. CPA § 50 (Code Ann. § 81A-150). Consequently, the judgment must be
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.