Legal Opinion

McCabe v. Lindberg

Washington Supreme Court

Decided January 12, 1918No. 14210PublishedCited by 2 opinions

Appeal from an order of the superior court for Pierce county, Clifford, J., entered March 17, 1917, granting a new trial, after the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a pedesti’ian struck by an automobile.

1Opinion of the CourtMorris, J.

Appeal from an order granting a new trial upon the ground of insufficiency of the evidence to sustain the verdict. It appears that this is the second new trial granted respondent. Appellant contends that the verdict upon the first trial was set aside upon the same ground, and asserting that the evidence upon both trials was substantially the same, questions by his appeal the right of the trial judge to enter the order now complained of. It is doubtful if the record properly presents the ground for setting aside the first verdict as insufficiency of the evidence, but we will *431assume that it…

2Cases cited12 opinions

  1. Hicks v. StoneSupreme Court of Minnesota · 1868
  2. McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. Morris v. WarwickWashington Supreme Court · 1906
  4. Thomas & Co. v. HillisWashington Supreme Court · 1912
  5. Clark v. JenkinsMassachusetts Supreme Judicial Court · 1894

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3Cited by2 opinions

  1. State v. BrentWashington Supreme Court · 1948
  2. Calhoun v. Portland Railway, Light & Power Co.Washington Supreme Court · 1919

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