Brewer v. Appalachian Constructors, Inc.

I think the Court’s opinion well justifies the holding that the verdict of the jury should be set aside. I think, however, there is additional ground for setting aside the verdict accepted by the trial court in this case.

As stated in the Court’s opinion, there are two verdicts. One was rejected by the trial court and the other was accepted and judgment rendered thereon. I prefer to designate these two alleged verdicts as “reports”, rather than verdicts.

This Court’s opinion approves the action of the trial court in rejecting the first report, but applying the well established rule that…