Starner v. Wirth

Opinion by

Mr. Justice Jones,

This is an appeal from an order of the Court of Common Pleas of Adams County granting a motion for new trial in a trespass action.

As a result of a one-car collision, plaintiff Starner [appellee] sustained personal injuries while a passenger in a vehicle owned and operated by defendant Wirth [appellant.] These injuries were allegedly due to the negligent operation of the automobile on an unpaved township road.

A pre-trial deposition of Wirth was taken subject to the express stipulation, “. . . all objections except as to the form of the question shall be reserved to…