Banks v. Koogler

STOCKARD, Commissioner.

Plaintiff has appealed from an order granting defendant a new trial after judgment for plaintiff in the amount of $15,450 in an action for damages resulting from an automobile collision. The motion for new trial was sustained on the ground that one of plaintiff’s instructions was erroneous.

The collision in question occurred on March 18, 1953 at the intersection of U.S. Highways 40 and 65 known as Marshall Junction. Plaintiff was driving his GMC pick-up truck eastward on Highway 40 and defendant was driving his Buick automobile southward on Highway 65. There were no stop…