Hull v. Minneapolis Street Railway Co.

In the court below plaintiff’s counsel moved for .a new trial upon nearly all of the statutory grounds, but on argu*403ment here abandoned all but two; one of these being surprise which ordinary prudence could not have guarded against, and the other misconduct of a juror during the trial.

In disposing of the one first mentioned wre shall not undertake, for it is unnecessary, to formulate a rule for the government of trial courts where surprise is urged as a ground for a new trial, nor shall we express any opinion in respect to the rules which have been laid down by the courts as to what…