Opinion
No. 32592
Decided December 12, 1951.
Court of Appeals — Jurisdiction to review judgments or final orders — Order granting motion for new trial — No abuse of discretion — Not judgment or final order.
APPEAL from the Court of Appeals for Huron county.
This action was instituted in the Common Pleas Court to recover damages for personal injuries alleged to have been caused by the negligent operation of an automobile by defendant. The jury returned a verdict for defendant, on which judgment was entered.
Thereafter, on motion for new trial, the court vacated the judgment and granted a new trial on the ground that the court erred in submitting an interrogatory to the jury over plaintiff's objection.
On appeal on questions of law the Court of Appeals reversed the judgment of the trial court for error in vacating its judgment and granting a new trial and remanded the cause for further proceedings according to law.
The allowance of a motion to certify the record brings the cause to this court for review.
Messrs. Freeman Freeman, for appellant.
Messrs. Miller Miller, for appellee.
No question of abuse of discretion in granting the new trial being involved, the judgment of the Court of Appeals is reversed and the cause remanded to that court with instructions to dismiss the appeal for want of jurisdiction, on authority of Green v. Acacia Mutual Life Ins. Co., ante, 1, 100 N.E.2d 211; Johnson v. O'Hara, ante, 117, 100 N.E.2d 223; and Mele v. Mason, ante, 118, 100 N.E.2d 224.
Judgment reversed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.