Vigneron v. List & Hallett Construction Co.

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from an order of the trial court granting a new trial, where the court had previously sustained a motion of the defendant to take the case from the jury and render judgment for the defendant.

Appellant insists that it was error to grant a new trial when the motion to take the case from the jury and render judgment for the defendant was properly sustained, and urges here that there can be no question as to its being the proper and only ruling that could have been legally made. It must be readily conceded that if…