100 P. 1134 | Kan. | 1909
Plaintiff, who was asking for damages from the brick company for personal injuries sustained because of its negligence, produced testimony showing
There was certainly sufficient evidence to take the case to the jury, and from plaintiff’s testimony it can not be said as a matter of law that he was guilty of contributory negligence. There is much discretion in the court in granting a new trial. It may be done when in the opinion of the trial court a party has not had substantial justice. (City of Sedan v. Church, 29 Kan. 190.) This court is slow to set aside such a ruling, and in the present case there appears tp have been a good reason for the order made.
The judgment is affirmed.