Drcha v. Great Northern Railway Co.

In this action for personal injuries the jury found for plaintiff. On defendant’s motion in the alternative for judgment notwithstanding the verdict or a new trial, there was an order denying the motion for judgment but granting that for a new trial, not for errors of law, but “upon the ground that the verdict is not justified by the evidence.” Defendant appeals from the whole order, and the case is now before us on plaintiff’s motion to dismiss that appeal. That motion is granted.

Defendant’s contention, that G. S. 1928 (2 Mason, 1927) § 9495, gives it the right of appeal, is untenable. True,…