Great Northern Railway Co. v. Becher-Barrett-Lockerby Co.

Holt, Justice.

Plaintiff appeals from the order granting a new trial. Defendant moves to dismiss on the ground that the order is not appealable. 2 Mason Minn. St. 1927, § 9498(4), as amended by L. 1931, c. 252, 3 Mason Minn. St. 1936 Supp. § 9498(4), permits an appeal from such an order, “providing that when an order granting a new trial is based exclusively upon errors occurring at the trial the court shall expressly state in its order or memorandum the reasons for and the grounds upon which such new trial is granted and in such case an appeal may be taken from such order.” The record…