Schopper v. Kelley

OPINION

By the Court,

Pike, J.:

Appeal from an order granting a motion for new trial.

Appellants Schopper and Cunningham were defendants in an action brought by respondent Kelley to recover damages for personal injuries sustained by Kelley and for damage to Kelley’s car. The jury returned a verdict in favor of appellants, and the trial court granted respondent’s motion for a new trial, from which order this appeal is taken.

At about noon on June 5, 1957 respondent Kelley drove his car in an easterly direction on Kietzke Lane, a four-lane paved highway, near the point of its intersection with Coney…