Acosta v. Miller Transport Co.

In October, 1948, a jury rendered a verdict for the defendant in an action to recover damages for personal injuries based on negligence. Plaintiffs, during the same term of the court, addressed two motions to the trial court (1) to set aside the verdict upon the ground of newly discovered evidence, and (2) to reargue an oral motion made at the end of the trial (and or ally denied) to set aside the verdict as against the weight of evidence.

The trial court granted the first motion, but denied the second. We find that there was no legal basis for the granting of the first motion as the so-called…