Bell v. Mykytiuk

KRAFT, District Judge.

In this negligence action,,in which jurisdiction was founded on diversity, the jury found both plaintiff and defendant negligent and returned verdicts for the defendant in the plaintiff’s suit and for the plaintiff as defendant in the counterclaim. Judgments were so entered on August 3, 1956.

Now before the court is plaintiff’s motion for new trial, filed August 11, 1956. This motion, which purported to reserve the right to file additional reasons later, cited but four reasons, to wit: that the verdict was against the (1) evidence, (2) weight of the evidence, (3) law, (4)…