Legal Opinion · Dissent

Rollins v. Daraban

West Virginia Supreme Court

Decided March 8, 1960No. 11064Published

1DissentBerry, Judge

I vigorously dissent from the decision of the majority of the Court in this case which affirms the order of the trial court in setting aside the verdict of the jury and awarding the defendant a new trial for the reason that it constitutes a manifest injustice to the plaintiff.

A jury trial of this case was held in the trial court and the jury returned a verdict in favor of the plaintiff in the amount of $7,500.00. A motion was made by the defendant immediately following the return of the verdict to set aside the verdict of the jury. Five months later the trial court sustained the motion of the…

2Cases cited14 opinions

  1. State v. CirulloWest Virginia Supreme Court · 1956
  2. Smith v. Penn Line Service, Inc.West Virginia Supreme Court · 1960
  3. Watkins v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1947
  4. Gray v. WrightWest Virginia Supreme Court · 1957
  5. Woodruff v. GilliamWest Virginia Supreme Court · 1935

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