F. William Mcginn II and Floy W. Mcginn v‪.‬

HENRIOD, Justice: Appeal from an order granting a new trial after a no cause of action judgment had been entered in a personal injury case, where, under provisions of Idaho's comparative negligence statute, 1 stipulated to by the parties as being controlling, the jury returned a special verdict concluding that plaintiff was 60 per cent negligent and defendant 40 per cent negligent, which, under such provisions, would preclude recovery by the plaintiff of the damages arrived at by the jury in a certain amount.