McMillen v. Meyer

Matson, Justice.

In two actions for damages growing out of the same automobile collision, which actions were consolidated for trial and for appellate review, we have an appeal in one action by defendants from an order granting plaintiff-passenger’s motion for a new trial, and in the other action plaintiff-driver appeals from an order denying his motion for a new trial.

Defendant Carlus G. Meyer, on April 6,1954, was driving his truck on Highway No, 61 in a southerly direction en route from St. Paul to Prairie du Chien, Wisconsin. He was accompanied by defendant James Anthony Fernette. They…