Heaton v. Waters

MOLLOY, Judge.

This is an appeal from an order granting a new trial. The plaintiff, Curtis Waters, was crossing Speedway Boulevard, a main artery in the City of Tucson, on foot on the evening of August 21, 1964, when he *258•was Struck and injured by an automobile being driven by the defendant, Roy Heaton. ■On trial of the case, the jury returned a verdict for defendants. The order of the trial judge granting plaintiffs’ motion for a new trial sets forth the following grounds:.“A. That the verdict was contrary to the evidence in that

“1) reasonable persons could not differ as to the existence of…