James E. Strates Shows, Inc. v. Jakobik

OPINION

FONES, Justice.

Plaintiff sued defendants for personal injuries received in defendants’ “fun house” on the Midway at the State Fair. After an adverse jury verdict, plaintiff’s motion for a new trial was granted on November 10, 1975. The order expressed the dissatisfaction of the trial judge, as thirteenth juror, with the verdict of the jury.

On November 12,1975, defendants filed a one sentence motion, “. . .to ask this Court to reconsider its prior ruling . in granting plaintiff’s motion for a new trial.” Apparently, oral argument was heard on November 21, 1975, and the motion to…