Mills v. Bell

This is a petition to establish a draft report arising out of an action of tort for personal injuries.

The draft report sets forth the following facts: Following trial of the case there was a finding for the defendant. Thereafter, a motion for a new trial was filed in behalf of *169the plaintiff by an attorney who had not theretofore represented him and who had not been present at the trial. The asserted grounds for the motion were (i) that the finding was against the weight of the evidence; (2) that the plaintiff’s case was prejudiced by inadequate and faulty preparation and presentation; and (3)…