Holmes Ex Rel. Holmes v. Nelson

WORTHEN, Justice.

Action was brought by Douglas Holmes, a minor, through his guardian, to recover damages for injuries sustained on the 11th day of July, 1955, when plaintiff was struck by an automobile driven by defendant. The jury returned a verdict of no cause of action.

A motion for a new trial was filed by plaintiff’s attorney, assigning all seven grounds specified in Rule 59(a).

Thereafter, and on June 7, 1957, the court entered a minute order which read:

“Motion for new trial carefully considered and hereby granted on the grounds that the verdict is against a clear preponderance of the…