Robertson Ex Rel. Robertson v. Stanley

HUSKINS, Justice.

Denial of his motion for a new trial on the issue of damages constitutes plaintiff’s sole assignment of error. He contends the verdict is invalid as a matter of law and that the trial judge was duty bound to set it aside on the third issue and grant a new trial on the question of damages. On the other hand, defendant contends that denial of plaintiff’s motion for a new trial on the damages issue was a discretionary act of the trial judge from which, absent abuse of discretion, no appeal lies.

The rule is well established that “[t]he granting or the denying of a motion for a…