Houston v. Leyden Motor Coach Co.

The defendant appeals from an order sustaining the plaintiff’s motion to set aside the jury’s answer to the special interrogatory and to grant a new trial. It was stipulated by both parties that the trial court’s sole reason for setting aside the special finding was that the special finding was against the manifest weight of the evidence.

The only contention now raised by the defendant is that the special finding was not contrary to the manifest weight of the evidence and, therefore, its motion to enter judgment on the special finding in favor of the defendant should have been granted.

The…