O''daniel V. Inter-Island Resorts

The case was tried before a jury, which returned a verdict in favor of the defendant on December 20, 1956. Judgment was entered on January 3, 1957. On January 11, the plaintiff filed a motion for a new trial based on the claim that a verdict for the defendant could not be substantiated or justified on the evidence adduced. On April 29, 1958, the trial judge filed a written decision holding that the motion was well taken. He left the bench on May 1. On May 6, another judge of the First Circuit entered an order granting a new trial pursuant to the decision of the trial judge and two days later entered an order allowing an interlocutory appeal from the order granting the new trial. After argument in this court on the merits of the ruling allowing the new trial, we raised and ordered briefing on the question of whether the verdict and judgment were vitiated by reason of the fact that, as related below, approximately one-half of the case was tried in the Third Judicial Circuit.