Weatherhead v. Burau

Plaintiff moves to dismiss an appeal by defendant from an order granting plaintiff a new trial on the ground that the order is not appealable.

The facts essential to a determination of the motion under consideration are not in dispute. In an action involving personal injuries alleged to have been sustained by plaintiff as the result of defendant’s negligence, the case was submitted to the jury at 12:53 p. m. on November 1, 1951. At ten o’clock the following morning, the jury returned a sealed verdict, pursuant to the court’s instructions, in favor of defendant, showing that a unanimous verdict…