Cadwell v. Borough

Appeal from an order granting plaintiffs’

motion for a new trial in an action for damages allegedly arising out of injuries suffered by defendant’s guests who were riding in her automobile. The order was based upon the grounds that the evidence was insufficient to justify the verdict and that it is against law.**

The accident occurred in Arizona in September, 1951. The road on which the motorist and her guests proceeded was winding, up-grade, 15 feet wide, of hard surface, covered with granite or coarse gravel. On the right side the decomposed granite was piled about nine inches high for some…