Kincheloe v. Rygg

This case involves an action for personal injuries by a patron against the owner of a drive-in restaurant arising out of an assault upon her while sitting in a car in the parking area. Following a jury verdict for defendant in the district court of Lewis and Clark County, the trial court granted a new trial on its own motion.

The principal question on this appeal is whether the trial court abused its discretion in granting a new trial upon the ground of insufficiency of the evidence to support a verdict for defendant. We hold that it did and reverse the order granting a new trial.

The incident…