Mathisen v. Norton

This is an appeal from an order granting a new trial after verdict of the jury in favor of each of the plaintiffs in a joint action for damages for assault.

The evidence taken at the trial is not before us, and we are not called upon to determine the merits of the main controversy between the parties to the action. The record brought here is on the motion for new trial and relates only to a limited phase of the case. The respective claims of the parties, however, are presented in the pleadings.

The allegations of the complaint may be summarized as follows: On October 25, 1932, defendant Linzy…