Linsenmeyer v. Hancock

OPINION

JACOBSON, Presiding Judge.

The basic question which is dispositive of this case on appeal is whether an issue submitted to a jury without objection at the first trial may be objected to at the second trial for damages only. The appellant also questions the sufficiency of the evidence to justify the jury’s verdict. Numerous other questions were raised by appellant generally regarding the trial court’s discretion; we find no abuse of discretion by the trial court and no merit in the other issues raised. Therefore, such questions will not be discussed.

At the first trial in this matter the…