Katz v. Montague

Dissenting Opinion by

Mr. Justice Chidsey:

I am obliged to dissent for I am of the opinion that the lower court clearly erred in setting aside the verdict of the jury. The reason assigned for the grant of a new trial appears in the following portion of the lower court’s opinion: “. . . Montague stated that he stopped at the intersection and then proceeded to cross after having looked to his left, the direction in which defendant Keller’s car was proceeding. He said that he did not see the Keller car when he looked, the reason being that it had been obscured by a truck proceeding North on 25th…