Favre v. Brewster

Concurring Opinion

Wickens, P. J.

— I concur in the result reached by Judge Prime but wish to point out that the trial court in granting the motion for new trial stated its only reason therefor as:

“[B]eing of the opinion that this case should have been tried on its merits.”

In my opinion this reason is insufficient to warrant any action. Further, the trial court did not grant the new trial for the reason that it considered the damages excessive, so that question is not saved for appeal. Were we required to pass on the damage question, I am in total agreement with Judge Prime.

I interpret the…