Adams v. Duffie

In this actiqn for the recovery of damages arising out of an automobile collision the verdict was for the plaintiff. The trial judge granted defendant’s motion for a new trial, not on the ground of any legal error, “but solely on the ground that the verdict was contrary to, the greater weight of the evidence and on the ground that I am not satisfied with the justice of the case and feel that it should be tried before another jury.” The plaintiff appeals.

It is clear that the order granting a new trial was based upon a consideration of the evidence and a conclusion therefrom by the trial judge,…