Holling

The only question presented by this appeal is the propriety of an order granting plaintiff’s motion for a new trial for errors of law. Plaintiff filed this action for personal injuries sustained in a collision with a vehicle 'driven by defendant. After the jury brought in a verdict for defendant, the trial court granted plaintiff’s motion for a new trial because it had admitted into evidence, for the limited purpose of impeaching plaintiff’s expert witness, the results of an experiment conducted by defendant, and also because it failed to instruct the jury on the limited purpose for which this evidence was admitted. Defendant argues that the order granting the new trial cannot be sustained on either ground specified.

Before directly discussing the new trial proceedings, some reference should be made to the evidence. The accident occurred on a dry sunny morning in November 1960 at the intersection of Ross Road and Moreno Avenue in Palo Alto. Ross runs in a north-south direction and Moreno east-west; both are asphalt paved and about 36 feet wide. The intersection was controlled by a “yield right-of-way” sign on the southeast corner. A solid concrete block fence about 3% feet high…