Foster v. Waybright

Opinion by

Mb. Justice Bell,

This appeal involves the narrow question: Was there a palpable abuse of discretion by the trial court in granting a new trial?

Plaintiff brought an action of trespass against defendant Waybright for wrongfully, wilfully and maliciously cutting and removing timber from his land. Rosner, who authorized Waybright to cut the timber, was brought onto the record as an additional defendant. The jury returned a verdict of $6000. in favor of the plaintiff and against Rosner.

The court below in granting a new trial, said: . . the sole reason for granting the new trial was, that…