PHELPS, Justice.
This is an appeal from an order granting plaintiff's motion for a new trial.
The facts are that plaintiff-appellee, Ben H. Marcione, brought an action against his brother, Conrad Marcione, defendant-appellant herein, for the recovery of damages for injuries alleged to have been sustained as the proximate result of driving his automobile while plaintiff-appellee was a passenger therein "in such a careless and negligent manner as to cause the...
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