Hill v. Wilson

I am unable to concur in the reason given for allowing the trial court to set aside the judgment against Glenn Smith. It is said that since the court’s order is silent as to the ground upon which the judgment is vacated, we cannot assume that the trial court’s reason was the inconsistency between the verdict for Mrs. Smith and that against her husband. It does not seem to me that the record supports this conclusion.

In his motion Smith pointed out that the jury had awarded damages to his wife and yet had failed to allow compensation for medical expenses that were established by undisputed…