Petroff

The plaintiffs have presented this alternative motion, under the provisions of Bule V, section 3, of the Buies for the Supreme Court and District Courts of Appeal, to dismiss the appeal or affirm the order granting a new trial after judgment had been rendered pursuant to the verdict of a jury which was returned in favor of the defendant. The motion is made on the ground that the appeal was taken for the purpose of delay only, and that it presents no substantial issue of merit.

The above-entitled actions were consolidated for trial. They are suits for personal injuries sustained in an automobile casualty. The plaintiffs were riding with the defendant in his automobile along the public highway when a collision with another machine occurred. It was broad daylight. The pavement was straight and level. The defendant was running at a rapid rate of speed in close proximity behind another machine, which suddenly flashed on its taillight, indicating that the foremost car was about to stop, or at least was slackening its speed. Both cars were traveling on the right-hand side of the pavement. The defendant swerved his machine to the left to pass the preceding car, when a head-on collision…