Martello v. Darlow

This is an appeal by defendants from an order of the District Court of Lewis and Clark County granting a new trial to plaintiff. The new trial was granted on the basis of the court’s refusal to grant plaintiff’s request for a poll of the jury after rendition of the verdict.

The trial involved a negligence action wherein plaintiff, who was mounted on a horse, sued the owner and another who mounted the horse for injuries and damages claimed to have resulted from the negligence of either or both defendants. Trial was had, the case submitted to the jury, and the jury returned a general verdict in…