139 Minn. 516 | Minn. | 1918
Plaintiff recovered a verdict for injuries to his minor child received in a collision with an automobile. Defendant made an alternative motion for judgment notwithstanding the verdict or for a new trial. The court denied the motion for judgment but granted the motion for a new trial without making any statement as to the reason for granting it. Defendant appealed from the order on the theory that under chapter 24, p. 40, of the Laws of 1917, an appeal would lie.
In Kommerstad v. Great Northern Ry. Co. 125 Minn. 297, 146 N. W. 975, it was held that an order refusing to grant judgment notwithstanding the verdict, but granting a new trial, was not appealable, unless it appeared that the order had been based exclusively upon the ground of errors occurring at the trial, as the right to appeal from an order granting a new trial given