Olinger v. Pacific Greyhound Lines

This is an appeal from an order granting a new trial in an action to recover damages for personal injuries suffered by Annie Olinger, wife of W. E. Olinger, while she was a passenger for hire on a bus operated by defendant, a common carrier. The jury returned a verdict in favor of plaintiffs in the sum of five thousand dollars. The motion for new trial was granted particularly because of two erroneous instructions given to the jury at the request of plaintiffs.

Counsel for plaintiffs tacitly admit error in these instructions but urge they were not prejudicial because the same subject-matter…