Salvetti v. Byrd

This is an appeal by defendant Emerson Byrd from an order granting plaintiffs Salvetti a new trial.

Plaintiffs brought this action to recover damages for personal injuries and property damage incurred in an automobile collision allegedly caused by the negligence of defendant. The defendant answered, denying the material allegations of the complaint and raising the affirmative defense of contributory negligence, which defense was subsequently abandoned during the course of the trial.

The evidence is substantially without conflict. The accident occurred Ocotber 8, 1960, at 4 p.m., on U. S.…