Hartlove v. E. & H. Bottling Co.

This appeal is from an order of the trial court granting a new trial, and from its refusal to strike out that order.

The order was passed on motion of the defendant after a verdict in favor of the plaintiff in a suit for personal injuries. The grounds stated in the motion were the formal ones usually assigned, and, in addition, misconduct on the part of the jury.

It is urged by appellant that there was abuse of discretion by the trial judge; that there was no real hearing of the motion, but that the judge acted on ex parte representations made to him privately by defendant’s attorney, and on…