Dougherty v. Andrews

Opinion by Mr. Justice Brown, The only error complained of on this appeal is the granting of a new trial by the court below. The verdict was for the defendant, which, on application of the plaintiff, for reasons assigned, was set aside and a new trial awarded. The testimony taken in the case is not before us ; but, from the résumé of it in the judge’s charge, his discretion in setting aside the verdict was not abused, and the order making the rule for a new trial absolute is affirmed.