Harrison v. Nichols

Opinion by

Jacobs, J.,

James Harrison, a pedestrian, brought suit for his personal injuries after he was struck and injured on April 16, 1969, by a vehicle driven by Anna C. Nichols. The jury found in favor of the defendant. The court en bane awarded plaintiff a new trial and defendant appeals.

The trial court has wide discretion in determining whether or not to grant a new trial. “On appeal such an order will not be reversed unless a palpable abuse of discretion clearly appears or unless an erroneous rule of law, which under the circumstances necessarily controlled the outcome of the case, is…