Faber v. Herdliska

Loring, Justice.

Tn an action for death by wrongful act arising out of an automobile accident the defendant had a verdict and has appealed from an order granting a new trial upon errors of law alone.

The accident occurred about six o’clock in the evening of July 13, 1933, near the eastern village limits of New York Mills. Faber, the plaintiff’s intestate, was driving easterly on trunk highway No. 2 in a small open car not equipped with a top. The main part of the village of New York Mills is considerably'tq the west of the point where the collision occurred. Faber stopped to allow a boy to…