Bateman v. Roller

The opinion of the court was delivered by

Parker, J.:

This was an action for damages resulting from a collision between a truck and an automobile on a highway in which a jury found that neither "the plaintiff nor the defendant was entitled to recover. The appeal is from an order setting aside the verdict and sustaining the plaintiff’s motion for a new trial.

Except for acts of negligence relied on by the parties there is little conflict in the pleadings and in the evidence. For explanatory purposes it can be said the collision occurred the morning of October 24, 1946, while both motor vehicles…