CANO v. NEILL

No. 1 CA-CIV 1247.

12 Ariz. App. 562 (1970)

473 P.2d 487

Stevan CANO, Appellant, v. Lois B. NEILL, a single woman and surviving mother of Judith Lynn Cozart, deceased, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 22, 1970.

Review Denied November 17, 1970.


Attorney(s) appearing for the Case

Westover, Keddie & Choules, by Tom C. Cole, Yuma, for appellant.

Richards & Heilman, by Harlan Heilman, Yuma, for appellee.


HAIRE, Judge.

This appeal requires us to review an order granting plaintiff-appellee's motion for a new trial in a wrongful death action. The principal question raised concerns the scope of the trial court's discretion in weighing conflicting evidence and arriving at a conclusion that the jury's verdict based thereon must be overturned and a new trial granted. Because of the frequency of recurrence of this type of question in appeals brought before this Court we have...

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