Worthington v. Oberhuber

Opinion by

Mr. Justice Cohen,

This is an appeal by plaintiff from an order of the court below ordering a new trial to defendant McDonnell.

Plaintiff was a guest passenger in an automobile operated by defendant Oberhuber which vehicle was involved in a right angle collision with the automobile driven by defendant McDonnell. The case was sub mitted to the jury and after deliberating approximately three hours the jury requested additional instructions on negligence and the duty of drivers at intersections. The trial judge was not in his chambers and was contacted by telephone but declined to give…