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KUHN v. DELL

No. 9427.

404 P.2d 357 (1965)

Roland KUHN, Plaintiff-Respondent, v. Edward DELL and Monty A. Dell, Defendants-Appellants, and Floyd D. Kuhn, Additional Party on Counterclaim and Respondent.

Supreme Court of Idaho.

July 23, 1965.

Attorney(s) appearing for the Case

Brauner & Fuller, Caldwell, for appellants.

Roger L. Williams, Nampa, for respondent.

SMITH, Justice.

This is an appeal from an order granting a motion for a new trial in favor of respondent (plaintiff) upon the ground, as stated in the order:

"that the pleadings and evidence * * * raised the issue of whether or not defendant had the last clear chance to avoid the accident involved in this action, and the issue having been made, it should be submitted to the jury for determination."

Respondent Roland Kuhn in his complaint alleged...

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