Plucker v. Chicago, Milwaukee & St. Paul Railway Co.

Trial courts rule 30 is as follows:

“The trial court, when granting a motion for new trial shall, in its order, specify each and every ground upon which it bases such order; all grounds urged upon such motion and. not specified in the order shall be deemed to have been overruled by the trial court.”

In this case judgment went for plaintiff. Defendants moved for a new trial upon a number of grounds. The trial court granted a new trial, and in the order expressly stated one ground therefor. Plaintiff has appealed from such order. Respondents in their brief discuss, not only the issue raised by…