Kennedy v. Cohn

Crumlish, J.,

Plaintiff recovered a $3,000 verdict in this trespass action. Defendant’s motions for a new trial and judgment n. o. v. were denied.

Defendant assigns as reasons for a new trial the following: (1) The verdict was against the evidence; (2) the verdict was against the weight of the evidence; (3) the verdict was contrary to law; (4) the verdict was contrary to the charge of the court; (5) the verdict was excessive.

In support of the motion for judgment n. o. v., defendant contends that plaintiff was guilty of contributory negligence as a matter of law.

On December 2, 1947, about 11…