Leatherman v. Garza

Three issues are presented for determination :(1) Was the order granting a new trial defective?(2) Was the plaintiff negligent as a matter of law?(3) Is the evidence sufficient to sustain the jury’s finding that the defendant Boileau was negligent?

The order granting the new trial (omitting formal parts) is as follows:

“1. That the verdict herein of September 28, 1967, be and the same is hereby set aside;

“2. That a new trial on the issue of apportionment of causal negligence only is hereby granted, the costs of the former trial to abide the outcome of the action because said verdict is contrary…