McStay v. Erie Railroad

I. The section of the Code of Civil Procedure under which this motion for a new trial is made substantially provides three grounds upon which the motion may be made: (1) that errors were made during the trial to which “ exceptions ” were taken; (2) that the verdict is contrary to the evi*675dence, which includes the excessive or insufficient character of the damages and whether or not the verdict is supported by the evidence or is against the weight of evidence, and (3) that the verdict is contrary to law. Code Civ. Pro. § 999. These are the only grounds upon which a motion for a new trial may be…