Coukoulis v. Schwartz

On March 23, 1938, defendant appellant, hereinafter called defendant, filed in this court her petition asking leave to appeal from an order of the trial court granting to plaintiff appellee, hereinafter called plaintiff, a new trial. We allowed this petition and the appeal is prosecuted in pursuance thereof. The trial court granted the new trial “for the reason of errors in the instructions given to the jury by the court.”

We do not feel that we are concerned here with the giving or refusal of peremptory instructions, or with the question of an intervening cause being the proximate cause of…