Bunn v. Furstein

Opinion by

Kenworthey, J.,

Nelson Jacot, the most important witness to this automobile accident, was not called by either side at the trial. He was shown to have been a passenger in the automobile which injured the minor plaintiff. The record does not disclose whether his absence was explained. As a result, the evidence of negligence was, to say the least, meager and the evidence of agency largely circumstantial.

Nevertheless, the verdicts were for plaintiffs. Defendant then filed motions for judgment n.o.v. and for new trial. The court overruled the former and granted a new trial. Defendant…