Cain v. Kanawha Traction & Electric Co.

Miller, Judge:

A writ of error to the judgment of the circuit court setting aside the verdict of the jury in favor of plaintiff for $5,558.33, for damages for personal injuries alleged to have been sustained by him while a passenger on defendant’s car, and,, awarding the defendant a new trial.

It does not distinctly appear from the record upon what *633ground the court ruled the defendant entitled to a new trial, hut those assigned for defendant’s motion were: (1) Because the verdict was contrary to the law and evidence; (2) because excessive; (3) because of erroneous and improper instructions…