Parsons v. State Highway Commission

The opinion of the court was delivered by

Harvey, J.:

This was an action for damages for injuries sustained by plaintiff, personally, and to his car, alleged to have been *477caused by a defect in the state highway. A jury trial resulted in judgment for defendant, in which the jury answered special questions to the effect that there was no defect in the state highway and that plaintiff’s negligence contributed to his injury. Plaintiff filed a motion for a new trial. Before that could be heard the trial judge who had presided at the trial died. His successor heard the motion and granted a new trial.…