Honore v. Ludwig

The following opinion was filed March 7, 1933 :

Fairchild, J.

The trial court did not place its order granting a new trial in the field of its discretion, but based *356it upon a legal conclusion that the court “committed reversible error because of the form in which comparative negligence was submitted to the jury.” So we are not concerned with an error granting a new trial by a court moved thereto by reasons appealing to its sound discretion. If the learned trial court did, as a matter of law, correctly submit the questions to the jury, its conclusion based on the reasons stated in its order…