HEATON v. WATERS

No. 2 CA-CIV 420.

8 Ariz. App. 256 (1968)

445 P.2d 458

Roy Gene HEATON and Virginia Heaton, husband and wife, Appellants, v. Curtis O. WATERS and Kathryn F. Waters, husband and wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied October 24, 1968.

Review Denied November 19, 1968.


Attorney(s) appearing for the Case

McKesson, Renaud, Cook, Miller & Cordova, by, J. Gordon Cook, Phoenix, for appellants.

Dowdall, Harris, Hull & Terry, by, Richard J. Dowdall, Tucson, for appellees.


MOLLOY, Judge.

This is an appeal from an order granting a new trial. The plaintiff, Curtis Waters, was crossing Speedway Boulevard, a main artery in the City of Tucson, on foot on the evening of August 21, 1964, when he was struck and injured by an automobile being driven by the defendant, Roy Heaton. On trial of the case, the jury returned a verdict for defendants. The order of the trial judge granting plaintiffs' motion...

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