Deschane v. McDonald

BURKE, Judge.

This is an action for damages for injuries received by plaintiff when an automobile in which he was riding collided with an automobile operated by the defendant. The pleadings in the case raised issues as to whether plaintiff’s injuries were proximately caused by defendant’s negligence or by the negligence of the driver of the car in which plaintiff was a passenger and as to the extent and degree of plaintiff’s damages. Upon the trial of the case in district court the jury returned a verdict in favor of the plaintiff. Plaintiff moved for a new trial upon the issue of damages…