Sheptak v. Davis

This cause reaches us on petition to transfer from the Appellate Court under Rule 2-23 of this Court, the majority and dissenting opinions of the Appellate Court appearing in 194 N. E. 2d 809, 814.

The appeal stems from an order of the trial court sustaining appellee’s motion for new trial subsequent to a jury’s verdict and a judgment of the court in the amount of $11,000.00 in a personal injuries case. The appeal is authorized by Burns’ §2-3201 (b) (1964 Supp.).1

The record here affirmatively discloses that the trial court granted a new trial because of its alleged error in failing to give…