Long v. Standard Oil Co.

Plaintiff was awarded judgment on a verdict for damages resulting from the drowning of his 4-year-old son. Defendant’s motion for new trial was granted and plaintiff appeals from the order.

The order granting a new trial did not specify insufficiency of the evidence as one of the grounds. The trial judge stated in a memorandum of his ruling, and an entry in the minutes of the department clerk also stated, that the order was granted upon the ground that an instruction that was given was deemed to be erroneous and prejudicial to the defendant.

The contentions of the parties are the following;…