120 So. 198 | Miss. | 1929
Appellees in their argument do not make any serious effort to controvert the complaint of appellant that the driver of the truck was responsible for the collision; but they say that the verdict of the jury was based upon the conclusion that the appellant was not, in fact, injured. In this respect also we think the verdict is against the overwhelming weight of the evidence. Appellant was a passenger in the car with her husband. She was sick at the time of the trial, and unable to attend, but her husband testified that "her body was bruised up, and her right arm badly bruised, and her body had blue places, and she spit up blood for two or three days pretty bad, and she was confined to her bed for a few days," and that she complained of the injury for two or three months. And this was substantially undisputed, the only intimation of a dispute in that respect being that it was shown that, when the passengers got out of the car after the collision, some statement was made that nobody was hurt, as to which Flowers testified that appellant's injuries were not really discovered until she got home and had to go to bed and remain in bed on account thereof. It may have been that appellant was not greatly injured, but this did not justify a verdict under the record before us that there was no injury at all.
Reversed and remanded. *900