Mullins v. ROWE ET UX

Defendants Rowe appeal from an order of the trial court setting aside a verdict and granting Plaintiff Mullins a new trial.

The only question is whether there was a legal reason for the trial court to grant a new trial. If there was, then his discretion in the matter will not be disturbed on appeal. If not, the order must be reversed and judgment entered on the verdict.

Plaintiff had sued for $35,000 general and $2,582 special damages on a cause of action arising out of an automobile accident. There was a defense of contributory negligence. There were jury questions both with reference to…