Nelson v. Martinson

This is an appeal from an order granting the plaintiffs Donald W. Nelson and wife a new trial, after a jury returned a verdict in favor of the defendants. Although his wife was joined as a party defendant, M. B. Martinson will be referred to herein as though he were the sole defendant (appellant).

On October 17, 1954, at approximately 1:40 a. m., the automobile in which the plaintiffs were riding collided with a cow on a public highway in Whatcom county, Washington. Thereafter, the plaintiffs instituted this action against the defendant, the owner of the cow, to recover damages for personal…