Peterson v. Anderson

Defendant appeals from an order denying a new trial after verdict for plaintiff. The action is to recover for the death of plaintiff’s intestate caused by the wrongful act or negligence of defendant. Since the conclusion is reached that a new trial is unavoidable, no more of the facts and the trial need be stated than is deemed essential to bring out the point on which the decision is placed.

Emil Peterson, the plaintiff, was the husband of Della Peterson, deceased. On November 26, 1928, an automobile in which they were riding, the husband driving, collided with a meeting automobile operated…