[Download] "Bradley v. Philhower" by Arizona Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Bradley v. Philhower
- Author : Arizona Supreme Court
- Release Date : January 16, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This appeal results from an order of the superior court vacating and setting aside a jury verdict in favor of defendants, B. O. Bradley dba B. O. Bradley Produce and Milton Rees, and granting a new trial. It is alleged by plaintiffs Clarence J. Philhower and Alice Philhower, his wife, that the latter was driving their automobile in a westerly direction on U. S. Highway 66; that defendant Rees was operating a truck owned by defendant Bradley Produce and proceeding in the same direction; that plaintiff-driver overtook and attempted to pass the truck but as she came alongside, defendant Rees negligently and without warning swerved his truck to the left into plaintiffs driving lane causing plaintiffs car to leave the highway and overturn. Defendants deny the allegations of negligence and allege that Mrs. Philhower was contributorily negligent in the operation of her automobile in that she was traveling at an excessive rate of speed. The only question presented is whether the trial court abused its discretion in granting plaintiffs motion for a new trial.