Butler v. Miller

CABANISS, P. J., pro tem.

Plaintiff sued to recover for personal injuries suffered as the result of having been struck and run upon by an automobile truck driven by defendant Schneider, as the employee of defendant Miller. The verdict was in favor of defendant Schneider and against defendant Miller.

Defendant Miller moved for and was granted a new trial “on the ground of the insufficiency of the evidence to justify the verdict and upon the further ground that the verdict is against law”; and from this order plaintiff has appealed.

It has been repeatedly held by our courts that an order granting…