Kelsey v. Chicago, Rock Island & Pacific Railroad

Defendant appeals from an order of the trial court setting aside a jury verdict in its favor and granting a new trial. The only direct reference in the order to the basis for the trial court’s decision is contained in the following language:

“* * * and the court being of the view that an error of law was committed by the court in failing to instruct the jury with respect to the applicability of Section 616.01, M. S. A., as requested by plaintiff’s counsel.

“It Is Therefor Hereby Ordered, that the verdict of the jury in the above-entitled action, returned herein on the 3rd day of November, 1960,…