Fowler v. Delzer

TEIGEN, Chief Justice.

This is an appeal from an order entered on a motion for a new trial, in a personal injury action tried to a jury, in which the court vacated the verdict, directed an addi-tur, and provided that if the additur was not agreed to by the defendants, that the plaintiff have a new trial on all issues in the case. The action is one sounding in tort, was tried to a jury, and the jury found in favor of the plaintiff and returned its verdict for damages.

The plaintiff was injured when he fell from a ladder he had ascended to remove screen windows and put on storm windows. The…