Smith v. Sims

Defendant below has appealed from an order of the district court sustaining plaintiff’s motion for a new trial in a wrongful death action.

The trial court did not state specific reasons for sustaining the motion, nor was it requested so to do, but there was a general finding that the motion should be sustained on the grounds set out therein.

Defendant asserts that the trial court committed an error of law and also abused its discretion in sustaining the motion.

In cases of this character we are called upon, where the assignments of error justify, to determine merely whether the court committed…