Smith v. Shreeve

ELLETT, Justice:

The plaintiff appeals from a judgment in her favor claiming that the award was inadequate. She assigns errors in two particulars :(1) The court failed to grant her request to instruct the jury that the defendant was negligent as a matter of law.(2) The court erred in failing to grant her motion for a new trial.

As to the first claim, the error, if any, was harmless since the jury found in her favor.

As to the second claim, it must be kept in mind that the granting or refusing to grant a new trial is largely a matter of discretion with the trial judge 1 and this Court will…