Eggert v. Schumacher

This appeal results from an order granting a new trial in a case growing out of an automobile collision, tried to the court and a jury. At the conclusion of the testimony for respondent, appellant challenged the sufficiency of the evidence and moved for a nonsuit; which challenge and motion were granted. Later, upon motion for a new trial, the trial court reversed its decision and granted the new trial.

In granting the new trial, the trial judge summed up the evidence, in brief, as follows:

“The testimony in this case is that Schumacher slid into this intersection with his brakes locked at…