VAN DYKE, P.J.
This is an appeal from an order granting a new trial after a jury returned a verdict in favor of defendant Rice Brothers. The new trial was granted on the grounds of newly discovered evidence and error at law in the giving of an instruction on unavoidable accident.
Appellant is a corporation engaged in road building. At the time of the accident which gave rise to this action, it was doing road construction work on United States Highway 299,...
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