Clapsaddle v. Sanders

MacPHAIL, P. J.,

In this case, plaintiff seeks damages for personal injuries allegedly sustained as the result of defendant’s negligence. The case was tried before a jury at the May term of court and a verdict was handed up in favor of plaintiff in the sum of $5,000 on May 29, 1969. On June 4, 1969, plaintiff filed a motion for a new trial. Thereupon, defendant filed a petition to strike the motion for new trial because it was not timely filed. Briefs were filed and argument was heard.

For the purpose of ruling on the matter now before us, this court will take judicial notice of the fact that…