Pettigrew v. O'Donnell

This is an appeal from an order granting a motion for a new trial in an automobile collision case. The new trial was granted on the ground of error in instructions. Defendant contends there was no such error.

We approach this ease bearing in mind the rule which governs this court when such a question is presented to it and which may be stated as follows: “The granting or denial of a new trial is a matter resting so largely in the discretion of a trial court that it will not be disturbed except upon a manifest and unmistakable abuse. It is especially so when such discretion is used in awarding…