Spicer v. Stebbins

Motion by plaintiff to dismiss an appeal attempted to be taken by defendant from an order granting a new trial of the action.

Plaintiff sued to recover damages for personal injury received in an automobile accident, claimed to have been caused by negligence on the part of the defendant. The trial resulted in a verdict in favor of defendant. Plaintiff moved for a new trial on the ground among others of misconduct on the part of defendant and her counsel. The court granted the motion on the ground, as stated in its order, of misconduct of the prevailing party. Defendant in form appealed from the…