Brittain v. Clark

TITUS, Presiding Judge.

In sustaining defendants’ motions for a new trial “on all issues,” the Circuit Court of Butler County specified “of record” (Rule 78.01) that it was doing so because plaintiff’s verdict directing instructions numbered 2 and 3 “are erroneous in that they both deviate substantially, and to prejudice of both the defendants from the forms provided in M.A.I.” Being aggrieved by this deprivation of the $15,000 verdict-judgment that had been returned and entered in her favor, plaintiff appealed and we affirm. 1

The October 1968 casualty in question occurred at nighttime where…