Voller v. Schmitz

Frank T. Gallagher, Justice.

Appeal from an order of the district court denying defendant’s motion for judgment notwithstanding the verdict and granting a new trial unless plaintiff should consent to a reduction of the verdict from $15,000 to $5,000. The appeal was taken by plaintiff from the whole of said order. We are considering only the appeal from the order granting a new trial. Obviously, plaintiff would not be appealing from that part of the order denying defendant’s motion for judgment notwithstanding the verdict.

The action was brought by plaintiff against defendant, a physician and…