Gave v. PYROFAX GAS CORPORATION

Frank T. Gallagher, C.

Appeal from an order of the district court denying plaintiff’s motion for a new trial.

Action was commenced by Walter Gave to recover damages for personal injuries and property damage arising out of an automobile accident. The accident occurred on Saturday, October 26, 1963, at about 11:20 a. m. on Highway No. 169 at a point 5½ miles south of Onamia, Minnesota.

The evidence, viewed in the light most favorable to the defendants, reveals the following facts: The Gave vehicle, a 1956 Ford automobile, was traveling south on Highway No. 169. Defendant Roy Emil Billmark, driving…