Wright

The record in this matter presents two consolidated appeals. Two actions were brought against defendants, one by Thomas Osborne Wright, a minor, suing by his guardian ad litem, and the other by Joseph S. Wright, the father of said minor, for medical and hospital expenses 'incurred by him in treating the injuries sustained by his minor son. After a trial before a jury, a verdict in each case was rendered in favor of defendants. A motion for a "new trial was made, thereafter, by the plaintiff in each case. These motions were granted and orders granting new trials were made as follows: “It is by the court ordered that said motion for new trial herein be and the same is hereby granted on the ground of the insufficiency of the evidence to sustain the verdict herein and on the other grounds as set forth in said plaintiff’s notice of intention to move for a new trial on file herein.”

Appellants concede the well-recognized rule that a motion for a new trial is addressed to the sound, legal discretion of the trial judge and is not to be reversed upon appeal unless an abuse of discretion exists. However, this case is sought to be removed from the operation of that rule by the argument that…