Lane v. STEWART ET UX

HARRIS,’J.

(Pro Tempore)

This is an action by plaintiff, Ebert S. Lane, against the defendants, Vern Stewart and Esther Stewart, for personal injuries. Subsequent to verdict and judgment in favor of the plaintiff, defendants moved for a new trial. Prom an order sustaining defendants’ motion for new trial, plaintiff appeals.

On September 6, 1956, plaintiff was operating a truck-tractor in a southerly direction on highway 101 at a point approximately 13 miles north of the city of Florence, Oregon. Plaintiff was approaching a sharp left-hand curve in said highway. Defendant Vern Stewart was at said…