Gorton v. Manning

This cause was tried to a jury resulting in verdict for defendants. The trial court sustained plaintiff’s motion for new trial, from which action this appeal is taken.

Appellants contend that the granting of h new trial was an abuse of discretion for the reason that plaintiff’s evidence did not support the allegations contained in the petition, and assert that in suchi case the trial court may not grant ¡a new trial, citing American Central Insurance Co. v. Brenner, 173 Okla. 630, 49 P. (2d) 528, wherein it is held in paragraph 2 of the syllabus:

• “Where the proof made in the trial of an…