Dormaier v. JESSE

The defendant, Jesse, appeals from an order granting the plaintiff, Dormaier, a new trial after a verdict for the defendant in an action for damages arising out of an automobile collision.

The accident was of the so-called rear-end variety. Dormaier was the owner-passenger in the lead automobile. Jesse was the operator of the following automobile. The case went to the jury with the usual instructions on negligence and contributory negligence.

Dormaier and his employe, one Clifton, were driving along a straight, two-lane highway when they encountered a local dust storm caused by the wind blowing…