Brooks v. MacK

The jury awarded plaintiff a verdict for damages for injury plaintiff sustained when he fell, or was thrown, from a horse owned by defendant. Thereafter defendant filed a motion for judgment notwithstanding the verdict and, in the alternative, for a new trial. ORS 18.140 (1). The trial court allowed the motion for judgment n.o.v. and set aside the judgment entered on the jury verdict. The court did not decide the motion for a new trial. Plaintiff appeals from the judgment notwithstanding the verdict; defendant assigns as error in his brief the failure of the court to allow his motion for new…