Merriam v. Bonded Oil Co.

Judgment reversed. .This appeal on questions of law is from an order granting defendant’s motion for a new trial. The assignment of error is that such action was an abuse of discretion.

The grounds of the motion were:

1. The verdict of $2,500 for plaintiff was against the. weight of the evidence.

2. The verdict was contrary to law.

3. Error in exclusion and admission of evidence.

4. Other errors occurring at the trial.

The grounds upon which the motion was granted, as stated in the journal entry,' were that the verdict “is not sustained by the evidence and is contrary to law.”

At a former trial, a…