Glaister v. Eazor Express, Inc.

Opinion by

Mr. Chief Justice Jones,

The plaintiff appeals from an order granting a new trial in a trespass action, on the defendant’s motion, for the assigned reason that the jury’s verdict was excessive.

As we have so often said, an appellant has a very heavy burden, upon an appeal from the award of a new trial, to show reversible error. “We will not reverse an order awarding a new trial unless a palpable abuse of discretion on the part of the trial judge is disclosed or unless an erroneous rule of law, which in the circumstances necessarily controls the outcome of the case, is certified by the…