Wells v. Pope

Appellant here, plaintiff below, filed her complaint against the defendant charging negligent injury of her minor son. After a jury trial a verdict for $5,000 was returned in her favor. On a motion for a new trial the trial court granted the same on the ground that the verdict was contrary to the manifest weight of the evidence and contrary to the law and to the evidence. On the plaintiff’s appeal from the trial court’s order we have only one question to decide, and that question is whether or not the trial court abused its discretion in granting a new trial.

The defendant was operating his…