Reimers v. Frank B. Connet Lumber Co.

COIL, Commissioner.

Plaintiff-appellant’s verdict and judgment for $35,000 for alleged personal injuries were set aside and a new trial granted defendant-respondent on the ground that the trial court erred in giving instruction 1 on behalf of plaintiff. On plaintiff’s appeal, defendant contends that the trial court correctly ordered a new trial for error in giving instruction 1 and that plaintiff failed to make a case for the jury for the sole reason that “plaintiff’s evidence as to how the accident occurred is so contrary to physical facts and is so completely impossible as to rob such…