Ropele v. STEWART

Opinion by

Woodside, J.,

This is an appeal from the order of the Court of Common Pleas of Greene County granting a new trial after a jury found for the defendants in a trespass action growing out of a motor vehicle collision. The case has been tried twice. The first time the jury was unable to agree.

The evidence shows that the accident occurred during daylight along a dry country road paved to a width of from 14 feet 9 inches to 15 feet 3 inches. Beyond the paved portion there were gravel or grass berms of an estimated width of three feet. The plaintiff was operating a 1936 Ford four door…