R. J. Allison Co., Inc. v. Carden

CORN, V. C. J.

This is an appeal from the order of the trial court granting a new trial. The case involves an action for damages for the wrongful death of plaintiff’s decedent. A verdict was returned for the defendants, and plaintiff moved for a new trial, which was granted, and defendants brought this appeal.

Error is predicated upon an alleged abuse of discretion by the trial court in granting a new trial.

In cases too numerous to mention or discuss, this court has laid down the rule by which it is guided in reviewing the judgment of the trial court in granting motions for a new trial. The…