Degenring v. Kimble

The opinion of the court was delivered by

Parker, J.

This is a certiorari directed to a rule entered in a District Court, awarding to plaintiff a new trial on damages only in an automobile collision case. Plaintiff had a rule to show cause for a new trial based on inadequacy oE damages, followed after argument by the rule absolute here particularly attacked, which directs that the rule to show cause “be made absolute and a new trial granted as to damages only.” The reasons assigned under the present writ are (1) that only a rule for new trial generally can be supported by the rule to show…