Brown v. Johnson

ELLETT, Justice:

This appeal is in two parts: first, from the ruling of the trial court in granting plaintiff’s motion for a new trial after the jury verdict for defendants, and, second, from a jury verdict in favor of plaintiff in the second trial. The defendants contend that the two verdicts being opposite show conclusively that there were jury questions and, therefore, the court should have refused to grant a motion for a new trial after an errorless first trial.

The facts of the case are not in substantial dispute. On a wintry day the defendant Johnson was following plaintiff in a westerly…