Van Gheem v. Chicago & North Western Railway Co.

The issues before us are:(1) Was the trial court’s order granting a new trial in the interests of justice clearly an abuse of discretion?(2) Did the trial court err in refusing to include special verdict questions and instructions regarding negligence as to lookout on the part of the railroad?(3) Did the trial court err in refusing to instruct on camouflage?

The trial court summarized its reasons for granting a new trial in the interests of justice as follows:

“(a) The award of $50,000 for plaintiff’s personal injuries, in answer to subdivision (c) of the Sixth Question of the verdict, is…