Kruchowski v. St. Paul City Railway Co.

The plaintiff insists that this order is not appealable. The question is no longer an open one in this court. True, the order here involved is one granting a new trial, but it comes squarely within the rule laid down in Ayer v. C. M. St. P. P. R. Co.189 Minn. 359, 249 N.W. 581, 582. There, as here, a judgment had been entered below after an appeal to this court, and the order granting the new trial vacated the judgment. We there said [189 Minn. 361]:

"An order granting a new trial after judgment has been entered vacates the verdict and judgment, and that result follows even though the motion…