Paulsen v. Gundersen

The following opinion was filed April 30, 1935 :

Fairchild, J.

A new trial of this case was ordered by the court below. As that order is to be affirmed because of prejudicial error, it is unnecessary to treat to any extent with the point contended for by the respondents,, that a new trial was granted because the lower court was of the opinion that under the evidence there should be a new trial in the interests of justice. The trial court’s ruling that there is no evidence to sustain the answer to the third question cannot be sustained, because there is sufficient evidence to raise a jury…