Dintelman v. McHalffey

PRITCHARD, Commissioner.

The individual defendants, Burnice B. Cates and Jones Truck Lines, Inc., appeal from an order of the trial court awarding plaintiffs a new trial (as to all parties-defendant) on the ground that the jury’s verdict was “against the weight of the evidence.” These defendants say that the court abused its discretion in awarding a new trial as to them because there was no case made by plaintiff in that Cates’ failure to sound a warning before starting to pass the vehicle in which plaintiffs were passengers was not a proximate cause of the collision. They say further that…