Harris v. Ruggles Lumber Co.

Opinion by

Mr. Justice Arnold,

In this action of trespass for damages arising out of a collision between defendant’s truck and the automobile owned and driven by plaintiff, the jury returned a verdict for plaintiff. These are appeals by both plaintiff and defendant, the former from an award of new trial, and the latter from refusal of judgment n.o.v.

In granting a new trial the court assigned as its reason that “the verdict is against the weight of the evidence . . . and interests of justice require a new trial.” It refused judgment n.o.v. because the conflict of testimony as to negligence and…