Overbey v. Fodde

HIGGINS, Commissioner.

Action for $25,000 damages for wrongful death. Verdict and judgment were for defendant, but plaintiff was awarded a new trial on the specified ground that the verdict was “against the weight of the evidence.” Defendant contends that the court erred in granting plaintiff a new trial because “Plaintiff failed to make a submissible case on her theory that defendant drove on the wrong side of the road,” and that “Even if plaintiff made a submissible case * *, the trial court arbitrarily, abusively and unlawfully exercised discretion in setting aside the jury verdict * * *…