Philibert v. Benjamin Ansehl Co.

* NOTE: Opinion filed at May Term, 1938, May 26, 1938; motion for rehearing filed; motion overruled at September Term, September 17, 1938. Plaintiff, appellant here, obtained a verdict against defendant for $19,833, for personal injuries. Motion for a new trial was sustained and plaintiff appealed. The new trial was granted on the ground that the court erred in refusing a demurrer to the evidence both at the close of plaintiff's case and at the close of the whole case. Defendant contends that granting the new trial was proper for two reasons, viz.: That the petition fails to state a cause of…