Alston v. Hankey

The opinion of the court was delivered by

Parker, J.

This suit was begun by Alexander Alston in Ms lifetime to recover damages for personal injuries arising out of a collision between an automobile driven by the defendant and a coal truck on which Alston was riding as a helper. He had a verdict for $4,000 and the trial court allowed him a rule to show cause why the verdict should not be set aside as inadequate and a new trial ordered on damages only. This rule was dated October 17th, 1930, but before it came on to be argued, Alston died (Pebruary 11th, 1931) and his death being suggested on the…