Gombar v. Schaeffer

Opinion by

Flood, J.,

The plaintiff sued Kenneth Schaeffer for assault and battery and the appellee Home Association for negligence in failing to protect him, as its patron, from the assault. The jury found against both defendants “each to pay the sum of $2500, a total of $5,000 compensation”. While Schaeffer took no action after the jury’s verdict, the association’s motion for a new trial was granted by the court en banc. The plaintiff has taken an appeal from this action.

Although the grant of a new trial will not be disturbed by us if anything appears in the record sufficient to justify it…