Tuttle v. Checker Taxi Co.

This is an appeal by defendants from an order of the trial court granting a new trial.

Plaintiff sought to recover compensation for personal injuries, and upon trial by a jury defendants were found not guilty; plaintiff’s motion for a new trial was allowed; defendants, moving under section 77 of the Civil Practice Act, in force January 1, 1934, Cahill’s St. ch. 110, 205, petitioned this court for leave to appeal from this order, which leave was granted; briefs were filed by both sides and oral argument heard.

A question of practice in appeals of this sort is presented. The plaintiff contends…