Gibson v. Stuck

VALLÉE, J.

Appeal by defendant from an order granting plaintiff’s motion for a new trial in an action for damages for personal injuries and injury to property allegedly caused by the negligence of defendant in the operation of his automobile. Defendant denied negligence and alleged contributory negligence on the part of plaintiff. No evidence was introduced on the issue of contributory negligence and the question was not submitted to the jury. Verdict and judgment were for defendant.

The court granted the motion on the grounds: 1. Insufficiency of the evidence to justify the verdict. 2. The…