Bean v. Hostettler

The sole question on this appeal relates to the power of the Circuit Court to set aside the verdict of a jury and grant a new trial.

The case was an action to recover damages for personal injuries suffered by Dixie Ann Bean, a minor, when she was struck by an automobile driven by the defendant. The jury, after a fair and impartial trial, returned a verdict for the defendant. The court set aside the verdict and ordered a new trial. The evidence bearing upon the questions of negligence, contributory negligence and proximate cause is conflicting, and the jury, if it believed the defendant’s…