Posner v. Nutkis

This is the plaintiff’s rule to show cause why a new trial should not be granted. The action was by David Posner against David N utkis, his brother-in-law, to recover damages for injuries received in a collision alleged to be due to the negligence of the defendant’s chauffeur. It resulted in a verdict for the defendant, and the present rule was allowed by the trial judge.

In support of the rule the plaintiff files as reasons for making the rule absolute alleged trial errors in the rulings of the court, and that the verdict was against the weight of the evidence.

Taking up the last reason first,…