Rosenberg v. Toetly

McFADDEN, Chief Justice.

Mr. and Mrs. Henry Rosenberg, the respondents herein, instituted this action against Mr. Carl Toetly, the appellant, to recover damages they sustained in an an tomobile accident allegedly caused by Mr. Toetly’s negligent operation of his automobile. Following a jury trial which resulted in a verdict for Mr. Toetly, the Rosenbergs moved for a new trial, which motion was granted. Mr. Toetly has appealed from the order granting a new trial.

On the evening of August 28, 1966, the respondents and Mrs. Richard Renner were returning to Lewiston, Idaho from an outing in Coeur…