Tharp Ex Rel. Tharp v. Monsees

DALTON, Judge.

Action for damages for personal injuries alleged to have been sustained on account of defendant’s negligence. Verdict and .judgment were for plaintiff for $48,000. Defendant has appealed and here contends (1) that the court erred in submitting the cause to the jury because plaintiff failed to offer any evidence (a) that defendant was negligent, or (b) that defendant’s act was the direct and proximate cause of plaintiff’s injuries; (2) that plaintiff’s Instruction No. 1 is erroneous; and (3) that the verdict is grossly excessive.

We shall state the evidence favorably to the…