ROBERTSON v. RICHARDS

No. 16043.

769 P.2d 505 (1987)

115 Idaho 628

George L. ROBERTSON and Leah Robertson, husband and wife, Plaintiffs-Appellants, v. James L. RICHARDS, Defendant-Respondent.

Supreme Court of Idaho.

On Rehearing January 31, 1989.


Attorney(s) appearing for the Case

Hawkes, Esplin & Burnham, Pocatello, for plaintiffs-appellants. Da Lon Esplin argued.

Quane, Smith, Howard & Hull, Boise, for defendant-respondent. Jeremiah A. Quane argued.


HUNTLEY, Justice.

I.

The primary issue before this Court is whether the correct standard was applied by the trial court in deciding whether a new trial should have been granted. We hold that the district court did not apply the correct standard. Therefore, we reverse and remand for further proceedings. In remanding for further proceedings, this Court does not give specific direction as to whether or not a new trial should be granted, but directs solely as...

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