Dorsic

There are two appeals in the instant cause: one by plaintiff from the granting of defendants’ motions for a new trial after judgment for plaintiff on his action for damages, and one by defendant Richfield from the verdicts for plaintiff and for cross-defendant Kurtin on Richfield’s cross-complaint seeking indemnity.

The complaint alleged serious and permanent injuries to plaintiff as the result of negligence on the part of defendants, and the prayer sought substantial damages. The cross-complaint sought indemnity. The actions were tried to a jury. In the main action, a verdict was returned in favor of plaintiff and against both defendants in the sum of $32,000; on the cross-complaint, a verdict was returned in favor of cross-defendant Kurtin. Rich-field moved for a new trial and judgment notwithstanding the verdict in both the main action and on the cross-complaint. The grounds urged for the new trial were: (1) irregularity in the proceedings; (2) orders of the court prevented a fair trial; (3) abuse of discretion by the court; (4) surprise; (5) excessive damages appearing to have been given under the influence of passion or prejudice; (6) insufficiency of the evidence;…