Lagana v. Stop Shop, Inc.

The error assigned in this case is the claim that the plaintiff had failed to prove the essential allegations of her complaint, and that as a matter of law the court should have directed a verdict for the defendant or set aside the verdict or rendered a judgment non obstante verdicto. Other error is predicated upon the court's claimed failure to charge the jury as requested.

An appellate court, in reviewing a motion to set aside a verdict, acts primarily upon the decision of the trial court. The trial court has large discretion in acting upon the motion; however, it is a legal discretion, and…