Schmidt v. Leary

The defendant claims that t-he trial court erred (1) in changing the jury’s finding that the plaintiff’s husband was her agent in driving the car; (2) in not imputing to the plaintiff the negligence of her husband; and (3) in not holding that the plaintiff is barred from recovery because as matter of law the negligence of her husband that contributed proximately to cause the plaintiff’s injuries was at least equal to the negligence of the defendant that so contributed. The plaintiff moves to review (4) the ruling of the court denying her motion to increase the award of damages made by the…