Ice-Kist Packing Co. v. J. F. Sloan Co.

Plaintiff obtained a jury verdict of $649.35 damages. Upon its motion the court granted a new trial on damages alone. Defendant appeals.

Questions Peesented

1. Is the order granting new trial on the issue of damages alone void?

2. Did the trial court abuse its discretion in granting a limited new trial? Corollary to this is defendant’s contention that there was no evidence of its being negligent and that there was clear proof of its alleged defenses—contributory negligence and assumption of risk.

1. Order.

The notice of intention to move for new trial sought a new trial upon the issue of damages…