Giemza v. Allied American Mutual Fire Insurance

Egly and Giemza raise many issues on the appeal but because we are of the opinion that a new trial must be had, only those issues relating to granting a new trial will be discussed. Egly and Sweet started out from the Circle Inn about two miles east of the place of the accident. At the tavern, Egly, the Sweets, Giemza, and others were gathered. There was some drinking and conversation on this early evening of the Fourth of July. The testimony, is conflicting, but there was some talk of the relative merits of Egly’s and Sweet’s cars and whether there would be a race. Disinterested witnesses…