Kubinski v. Speckman

Thomas Gallagher, Justice.

This is a motion to dismiss an appeal from an order granting a new trial on the ground that such order is not appealable. The order provides as follows:

“It Is Hereby Ordered that said motion [for new trial] may be and hereby is granted and a new trial of the above entitled matter on all issues is hereby granted.”

In a memorandum attached thereto, the trial court stated:

“The Court is of the opinion * * * that the evidence herein made an issue for the jury as to whether * * * defendant was negligent, and secondly, whether * * * if such negligence were found was it a…