Eisert v. Jones

Opinion by

Mb. Justice Bok,

Following a jury’s verdict for defendant, the court below granted a new trial and defendant has appealed.

The court did not certify, when requested, that its action was based on a single reason, but referred to its opinion, which deals with several errors alleged by plaintiff and fastens on two to justify its grant of new process.

Since we feel- that the case should properly be tried again, we will not pass on the factual or legal questions of negligence but will refer to such parts of the evidence as are needed to sustain our approval of the action below.

The accident…