Shippy v. Peninsula Rapid Transit Co.

This is an appeal from an order granting a motion for a new trial after a verdict in the defendants’ favor in an action to recover damages claimed to have been suffered by the plaintiff as the result of a collision between the plaintiff’s automobile and a motor-bus being operated by the defendants. The facts of the case which formed the basis of said motion and of this appeal are undisputed and are as follows: The cause came on to trial before a jury. At the conclusion of the taking of evidence in the case the following proceedings were had:

“Mr. Wilson (Defendants’ Counsel) : That is all, we…