Spratt v. Davidson

Horowitz, A. C. J.

Plaintiff brought suit to recover damages for injuries negligently caused by the defendants. After a verdict for the defendants, plaintiff moved for a new trial. The court granted plaintiff’s motion and pursuant to CR 59(f) entered an order setting forth his reasons. The defendant, John David Davidson, appealed on the ground that the reasons assigned in the order were insufficient as a matter of law.

The court’s order stated in substance (1) that during the closing argument of plaintiff’s counsel, juror number 10 (who later joined in the ten-to-two verdict for the…