Cimino v. Laub

Opinion by

Reno, J.,

Plaintiff instituted this action of trespass to recover for personal injuries and damage to Ms automobile sustained while driving over a public road upon which defendants were doing construction work, and he received the jury’s verdict. The court below granted plaintiff’s motion for a new trial because of the inadequacy of the verdict, but refused defendants’ motion for judgment n. o. v. Defendants have appealed from the court’s order refusing their motion, but have no.t assigned as error the granting of the new trial. In those circumstances, the verdict no longer exists,…