Henry A. Rosenberg and Mary Rosenberg V‪.‬

This action for damages resulting from an automobile collision was previously before this Court in 1969,[Footnote 1] on appeal
by defendant-respondent Toetly after a jury verdict for defendant and an order by the trial Judge for a new trial. We affirmed
the order granting a new trial.[Footnote 2] Subsequently, a new trial was had in the district court, and again the jury rendered
a verdict in favor of the defendant Toetly. Judgment was entered for Toetly based on the verdict. Plaintiffs-appellants Henry
and Mary Rosenberg now appeal from a denial by the trial court of their motion for a judgment notwithstanding the verdict
or a new trial. This lengthy litigation arose from an automobile accident which occurred near Plummer, Idaho, on August 28, 1966. The appellants
were riding in an automobile driven by Richard Renner traveling south on U. S. Highway 95, returning to Lewiston from a day
at the horse races in Coeur d'Alene. Mrs. Renner was also a passenger in that automobile. Respondent Toetly was driving an
automobile traveling north on U. S. Highway 95. The highway south of the location of the collision goes into a broad curve.
No speed restrictions below the highway maximum are posted for the curve. North of the collision location, the highway traverses
a hill. The collision occurred below the brow of the hill.