Grow v. Wolcott
Supreme Court of Vermont
1Opinion of the CourtBarney, J.
The trial court granted the plaintiffs’ motion to set aside the verdict in favor of the defendant and ordered a new trial. At the request of the defendant the court certified that ruling here for review. Since an order for a new trial is not a final order, this procedure was necessary to obtain review in this Court.
Aside from the obligation to set aside a verdict insupportable as a matter of law, a trial court has the right, when circumstances justify, to set aside a verdict and order a new trial as a matter of discretion. Because of its nature, this is a right to be sparingly used in…
2Cases cited11 opinions
- Dashnow v. MyersSupreme Court of Vermont · 1959
- Russell v. PilgerSupreme Court of Vermont · 1944
- Towle v. St. Albans Publishing Co.Supreme Court of Vermont · 1960
- Paul v. DrownSupreme Court of Vermont · 1937
- Belock v. State Mutual Fire InsuranceSupreme Court of Vermont · 1934
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3Cited by38 opinions
- Johnson v. United StatesDistrict of Columbia Court of Appeals · 1979
- Weeks v. BurnorSupreme Court of Vermont · 1974
- Colter v. StateCourt of Appeals of Maryland · 1983
- Savard v. Cody Chevrolet, Inc.Supreme Court of Vermont · 1967
- Crawford v. Lumbermen's Mutual Casualty CompanySupreme Court of Vermont · 1966
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