Smith v. Nickels

J. P. MORGAN, Special Commissioner.

Plaintiff brought this action against defendants to recover damages resulting from a collision involving three automobiles driven by each of them. Defendant Johnson was in default and did not appear at the trial, and the jury verdict was against him in the amount of $10,000 but in favor of defendant Nickels. This appeal was taken from the trial court’s action in granting plaintiff a new trial based solely on alleged errors during voir dire.

The partial transcript submitted does not include any portion of the evidence and it is agreed that the merits of the…