HUNTER, J.
This is an appeal from an order granting the plaintiffs Donald W. Nelson and wife a new trial after a jury returned a verdict in favor of the defendants. Although his wife was joined as a party defendant, M.B. Martinson will be referred to herein as though he were the sole defendant (appellant).
On October 17, 1954, at approximately 1:40 a.m., the automobile in which the plaintiffs were riding collided with a cow on a public highway in Whatcom county...
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