Gross v. Surface Transportation Corp.

I. dissent and vote to reinstate the verdict of the jury. The trial court stated that the verdict was not against the weight of the credible evidence. In the course of his summation plaintiffs’ counsel made an objectionable statement to the jury. The jury was properly instructed and cautioned to disregard it. Decision was reserved on the motion for a mistrial on the ground of prejudice. After a charge to which no exception was taken by the defendant, the jury unanimously found in favor of plaintiff in the sum of $325. The verdict of the jury is supported by the evidence. The trial court,…