Foltz v. Nicholson

CARLILE, Justice.

This is an appeal by John M. Foltz and Joe Earl Stump, defendants, from an order of the District Court of Muskogee County granting the plaintiff, Moody A. Nicholson, a new trial in an action to recover damages arising from an automobile collision. The jury returned a verdict denying the plaintiff any recovery and also denied defendants any recovery on their cross-petition. In granting plaintiff a new trial the trial judge stated in part as follows:

“I don’t believe there was any evidence in this case to justify submitting either last clear chance or unavoidable accident or…