Mergenthal v. South Covington & Cincinnati Street Railway Co.
Court of Appeals of Kentucky
Case 56 — ACTION FOR DAMAGES APPEAL PROM CAMPBELL C33CUIT COURT. Appeal — Final Order — Order Granting New Trial. — An order granting a new trial is not a final order from which an appeal lies. 1. The trial court in granting a new trial, delivered an opinion which indicated on a subsequent trial he would instruct the jury peremptorily to find for the defendant on the ground of contributory negligence.
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Case 56 — ACTION FOR DAMAGES APPEAL PROM CAMPBELL C33CUIT COURT. Appeal — Final Order — Order Granting New Trial. — An order granting a new trial is not a final order from which an appeal lies. 1. The trial court in granting a new trial, delivered an opinion which indicated on a subsequent trial he would instruct the jury peremptorily to find for the defendant on the ground of contributory negligence. This was a final order. 2. The corfipany was guilty of negligence in leaving its car on a public highway where children could reach it. Angelí on Highways, 3d Ed., sec. 347; Lynch v. Nurdin,…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion op the court.
This is an action by appellant to recover damages for an injury received by him through the alleged negligence of appellee. The issues were made up, and a trial had, resulting in a verdict for appellant. Motion for a new trial was made, and numerous grounds therefor were filed. The trial court sustained the motion, and set aside the verdict of the jury, and granted a new trial, and this appeal is prosecuted to reverse the order granting the' new trial.
*426The question upon appeal is, was the order of the lower court granting a new trial to appellee,…
2Cases cited4 opinions
- Miller v. AshcraftCourt of Appeals of Kentucky · 1895
- Winn v. Carter Dry Goods Co.Court of Appeals of Kentucky · 1897
- Christman v. Chess, Wymond & Co.Court of Appeals of Kentucky · 1897
- Schweitzer v. Irwin'sCourt of Appeals of Kentucky · 1897
3Cited by5 opinions
- Rose v. EdmondsCourt of Appeals of Kentucky (pre-1976) · 1937
- Steinke v. North Vernon Lumber Co.Court of Appeals of Kentucky · 1921
- Commonwealth ex rel. Reeves v. Unknown Heirs of BrownCourt of Appeals of Kentucky · 1952
- Kentucky Heating Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1917
- Wenk v. RubyCourt of Appeals of Kentucky · 1968