Briggs v. Chicago Great Western Railway Co.

Matson, Justice.

Plaintiff seeks to review and vacate a nonappealable order by mandamus.

This matter arises pursuant to an order directing the trial court to show cause why a peremptory writ of mandamus should not issue commanding it to vacate an order granting a new trial, or in the alternative, if mandamus for that purpose is denied, requiring the trial court to vacate said order and to make a new order based exclusively on evidence presented to the jury.

Two trials have resulted in verdicts for the plaintiff and the granting of new trials. After the first trial, defendant appealed from an…