Coleman v. Brower Construction Company

— The question presented is whether the trial court abused its discretion in ordering a second trial after jury verdict for defendant in this action to recover for death of plaintiff’s decedent from injuries received when his automobile struck the rear of defendant’s unlighted road construction roller on a primary highway after sunset. We affirm the trial court.

The accident occurred September 1, 1960, about 7:15 p.m. on U. S. Highway 169 about a mile south of the city of Humboldt. Defendant, Brower Construction Company, had a contract for resurfacing with asphalt seven to eight miles of this…