Thomas v. Driscoll

This is an appeal by defendants from an order granting plaintiffs’ motion for a new trial. The sole grievance is that the order was not in writing and filed within ten days after the motion was granted. The action was brought to recover for personal injuries and for special damages flowing therefrom.

After judgment had been entered upon a verdict in favor of defendants, plaintiffs moved for a new trial on the following grounds: (1) Irregularity in the proceedings of the court and jury by which defendant was prevented from having a fair trial; (2) accident or surprise which ordinary prudence…