Phillips v. Cowden

Opinion by

Mr. Justice Allen M. Stearne,

This is an action in trespass for personal injuries in which the jury rendered a verdict for $100,000.00 against both defendants. Defendant^ Latham accepted the jury’s verdict; defendant Cowden filed motions for new trial and judgment n.o.v. The court below granted a new trial against both defendants and refused judgment n.ó.v. Plaintiff appeals from the grant of a new *290trial, and defendant Cowden appeals from the refusal of judgment n.o.v. In this situation we are required first to decide whether defendant’s motion for a new trial was properly granted.…