Soto v. Globe Grain & Milling Co.

This action was brought to recover damages alleged to have been sustained by the plaintiff by reason of the defendant having appropriated to its own use property of the plaintiff, consisting of ninety-eight head of cattle. A jury returned a verdict' in favor of the plaintiff and the trial judge granted a motion for a new trial, from which order plaintiff has appealed. The only question to be considered is as to whether, upon the evidence presented in the trial court, the making of the order complained of amounted to an abuse of discretion. [1] The rule is a familiar one and well settled that…