Hernandez v. Wilson

MoMURRAY, J. pro tem. *

This is an appeal by defend ant Robert J. Wilson from an order granting a new trial, and a cross-appeal by plaintiff from the judgment entered in the same action in favor of the defendant. The defendant contends that the court erred in granting a new trial since such order was granted solely on the ground that an error of law occurred during the trial of the action. Defendant’s position is that there was no error of law, and that, therefore, the order granting a new trial was itself erroneous.

During the trial of the principal action on the first day of trial the…