Allen v. McLain

Plaintiff, while a guest passenger, in an automobile owned and allegedly operated by defendant was badly injured. This action was brought to recover damages. The jury returned a verdict for defendant, but the trial court granted a new trial. This appeal is from the order granting the new trial.

One of the grounds upon which the order granting the new trial is based is the insufficiency of the evidence to justify the verdict. Appellant recognizes the long established rule in this state which allows the trial court a broad discretion in granting a new trial because of insufficiency of the…