Grant v. Hall

Sam and Martha Evelyn Grant, husband and wife, filed an action for damages for personal injuries arising out of an automobile collision. A jury found against defendants and in favor of plaintiff Sam Grant for $450 and Martha Evelyn Grant for $1,525. Thereafter plaintiffs moved for a new trial; Sam’s motion was denied but Martha was granted a new trial. Defendants appeal from the order.

While the minute order of December 1, 1967, recites that, the motion for new trial “is granted as to plaintiff Evelyn Grant on the grounds of accident or surprise, which ordinary prudence could not have guarded…