McLean v. American Railway Express Co.

This action was brought by plaintiff to recover damages sustained by him by having been struck by a truck driven by an employee of defendant while on Myrtle street in the city of Detroit. The testimony as to the cause of the accident was very conflicting. At the close of the proofs, defendant’s motion for a directed verdict was reserved. The jury found for the plaintiff in the sum of $16,000. A motion for judgment notwithstanding the verdict was denied. On defendant’s motion for a new trial, the trial court ordered—

“that unless within twenty days said plaintiff shall accept as a judgment…