Tishhouse v. Schoenberg

Plaintiff brought this action to recover for damages occasioned him by reason of the alleged negligence of the defendant, and recovered a substantial judgment. There are no assignments of error on the admission or rejection of testimony. No motion was made for a directed verdict nor was any such request preferred. The case was tried by both parties as a jury case with disputed questions of fact, and defendant preferred two requests on that theory, both of which were given in substance. After verdict defendant filed a motion for a new trial, for the first time claiming that negligence of…