Hiller v. McNamara

Plaintiff instituted this action in the court below to recover damages for trespass of animals, and the trial resulted in a verdict for the plaintiff. Thereafter, and within the statutory time, defendants gave notice of intention to move for a new trial, which notice of intention specified as the grounds of the intended motion all of the causes set forth in the statute (sec tion 2555, R. C. 1919), excepting only the cause mentioned- in subdivision 3 of the statute “accident or surprise, which ordinary prudence could not have guarded against.” Defendants sought to make their motion for new…