Bickel v. Lewis County

Lewis county, defendant below, appeals from an order granting a new trial, after verdict in its favor, in an automobile accident case. The negligence alleged is that the county’s driver forced the car, driven by the respondent husband and in which the respondent wife was a passenger, off of the road.

The sole ground upon which the new trial was granted, and the only issue upon this appeal, is whether that portion *279of instruction No. 20,2 in which the jury was instructed that the wife had a duty to warn her husband of impending danger, was erroneous.

The court therein advised the jury that the…