Koenigs v. Werner

*81Murphy, Justice.

This case is before us on appeal from the trial court’s order granting the plaintiff’s motion for a new trial. Since we determine that the order is not appealable and the proceedings here must be dismissed, only a brief reference to the facts and procedural history is necessary.

The plaintiff, Lois Koenigs, as trustee of the cause of action arising out of the death of Henry J. Koenigs, brought an action against the defendants, Leon Werner and Robert Ahrens, for the death by wrongful act of Henry J. Koenigs. Werner answered the complaint denying liability and cross-claimed…