Anderson v. Jennie

Dell, Chief Judge.

Defendants appeal from an order granting plaintiff a new trial in a personal injury action in which there was a verdict for the defendants. Plaintiff claims that the order is nonappealable. We shall first consider that question since, if plaintiff is right, the appeal must be dismissed and it becomes unnecessary to consider the various other contentions of the parties.

In its instructions the court submitted to the jury the issue of plaintiff’s contributory negligence and more particularly the ques tion of whether plaintiff had assumed the risk of riding with her husband, who…