Wilson v. Kallenbach

Opinion by

Mr. Justice Barnes,

There is involved here the question whether there was an abuse of discretion by the court below in setting aside a verdict for defendant and awarding plaintiff a new trial.

The plaintiff was struck by an automobile which was driven by defendant, and sustained a compound fracture of both bones of the right leg below the knee, with a slight laceration on the left side of the forehead. While there is no dispute concerning the nature of plaintiff’s injuries, the court below found that it was impossible to reconcile the testimony of the opposing parties and their…