Claycomb v. Claycomb

VAN der VOORT, Judge:

This case is in trespass. Plaintiff asks for damages for injuries he received in the collapse of a platform and steps outside the door of his sister’s home. In a first trial the jury found for defendant, and the lower court en banc granted plaintiff’s motion for new trial. In a second trial, a second jury found for the defendant. The court en banc again granted a new trial. Defendant has appealed to our court.

We reverse the lower court and order that judgment be entered on the verdict.

The appellate courts have consistently sustained the discretion of the trial court in…