Opinion
April 29, 1955.
Appeal from Circuit Court, Perry County; Earl R. Cooper, Special Judge.
Faulkner Faulkner, Hazard, for appellant.
Alva A. Hollon, Hazard, for appellee.
Otis Stacy has moved for an appeal from a judgment against him, in favor of John W. Baird, in the amount of $1,925, for damages arising out of an automobile accident.
The physical facts did not make Baird's testimony unbelievable, and his testimony was sufficient to create a jury issue on the question of negligence. The verdict was not flagrantly against the evidence.
The motion for an appeal is overruled and the judgment is affirmed.