Kuhn v. Dell

SMITH, Justice.

This is an appeal from an order granting a motion for eí new trial in favor of respondent (plaintiff) upon the ground, as stated in the- order:

“that the pleadings and evidence * * * raised the issue of whether or not defendant had the last clear chance to avoid the accident involved in this action, and the issue having been made, it should be submitted to the jury for determination.”

Respondent Roland Kuhn in his complaint alleged that on November 21, 1961, about 5:35 o’clock p. m., appellant (defendant) Monty A. Dell negligently drove and op-' erated an automobile owned by…