Hall v. W. E. Cox & Sons, 202 Ark. 909

Summary

This case concerns an appeal from a trial court's order granting a new trial in a personal injury action arising from an automobile collision. The jury had returned a verdict for the plaintiff, but the trial court set it aside as against the preponderance of the evidence. The appellate court affirmed, emphasizing the trial court's broad discretion to grant new trials where the evidence is in sharp conflict.

Holdings

1. The trial court did not abuse its discretion in granting a new trial because the evidence was in sharp conflict, and an order granting a new trial will not be disturbed unless the trial court's discretion has been manifestly abused.
2. A general order granting a new trial without specification of grounds will be affirmed if it can be supported on any ground alleged in the motion, including insufficiency of the evidence.

Questions Presented

1. Whether the trial court abused its discretion in granting a new trial when the evidence was in sharp conflict.
2. Whether a general order granting a new trial may be affirmed if it is supported by any ground alleged in the motion.

Disposition

affirmed