Hays v. Herman

This is an action for damages for personal injuries arising out of an automobile collision. The jury returned a verdict for the defendant, upon which judgment was entered. Plaintiff thereupon filed a motion for judgment notwithstanding the verdict or in the alternative for a new trial. The trial court denied the judgment n.o.v., but granted a new trial. In doing so, the trial judge not only acted upon plaintiff’s motion, but he also stated that he was granting a new trial upon his own motion, reciting substantially the same grounds as were specified in plaintiff’s motion. From the order…