Buck v. Borchers

This is an appeal by the plaintiff from an order granting defendant’s motion for a new trial based upon insufficiency of the evidence. The action was for damages for personal injuries resulting from defendant’s alleged negligence. The defendant was driving an automobile and the plaintiff was riding upon a motorcycle at the time of the accident. The record discloses a conflict in the testimony. While there is evidence in support of the verdict, there is also evidence which, if believed, would exonerate the defendant, such as the testimony to the effect that the plaintiff was driving at a…