Van Antwerp v. Smith

An appeal by defendant in a personal injury action from an order granting plaintiff’s motion for a new trial. The order was granted upon the grounds of the insufficiency of the evidence to justify the verdict, and that the verdict is against the law. Appellant contends that the evidence as a matter of law establishes his freedom from negligence, and that contributory negligence of plaintiff was conclusively shown.

Appellant attacks certain instructions given the jury on the court’s own motion. It is admitted, however, that no prejudice resulted to his cause as a result thereof as the jury…