Centerville v. Smith

Defendant, the appellant herein, filed the following Assignment of Error:

"The Court erred when it granted the plaintiff's motion for a new trial in that the judgment is contrary to law and constitutes an abuse of discretion."

The judgment entry granting the appellee a new trial reads as follows:

"Plaintiff's motion for a new trial came on to be heard on the 9th day of August 1971, and the Court finds that the significance of plaintiff's evidence in the light of the laws and principles of physics, of which the Court takes judicial notice, and which is not dependent primarily upon credibility for…