MALONE v. MARKS BROTHERS PAVING CO.

No. 63-679.

168 So.2d 753 (1964)

William H. MALONE, Appellant, v. MARKS BROTHERS PAVING CO., a Florida corporation, and Sam Corner, Appellees.

District Court of Appeal of Florida. Third District.

August 18, 1964.


Attorney(s) appearing for the Case

Joseph C. Brannen, Miami, for appellant.

Carey, Terry, Dwyer, Austin, Cole & Stephens and Edward A. Perse, Miami, for appellees.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.


HORTON, Judge.

Appellant, plaintiff below in a personal injury action, seeks review of an order granting a new trial following the entry of a jury verdict and judgment in his favor. We affirm.

Subsequent to the final judgment, appellees filed a motion for new trial, asserting, inter alia, that the verdict was determined by "aggregation and average or by lot, or game of chance or other artifice or improper manner." Attached to the motion were the affidavits...

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