Pitts v. White

Bramhall, J.:

This is a motion to dismiss appeal. The question presented is: Does the appeal filed in this case set out an abuse of discretion on the part of the court below in denying a motion for a new trial and to set aside judgment under Rule 60(b) (6) of the Superior Court, Del. C. Ann.?

*80The appellants (hereinafter plaintiffs) instituted suit in the Superior Court to recover damages arising out of an automobile accident. At the trial before the court and jury on March 6, 1953, the jury rendered a verdict in favor of the defendant. On May 19, 1953, plaintiffs filed a motion for a new trial…