Kuhn v. Dell

404 P.2d 357 (1965)

Roland KUHN, Plaintiff-Respondent,

v.

Edward DELL and Monty A. Dell, Defendants-Appellants, and

Floyd D. Kuhn, Additional Party on Counterclaim and Respondent.

No. 9427.

Supreme Court of Idaho.

July 23, 1965.

Brauner & Fuller, Caldwell, for appellants.

Roger L. Williams, Nampa, for respondent.

SMITH, Justice.

This is an appeal from an order granting a motion for a new trial in favor of respondent (plaintiff) upon the ground, as stated in the order:

"that the pleadings and evidence * * * raised the issue of whether or not defendant had the last clear chance to avoid the accident…