Bender v. Welsh

Opinion by

Mr. Justice Drew,

This action of trespass was brought to recover damages arising out of a collision between the automobile of one of the plaintiffs and a horse owned by defendants. After verdicts in plaintiffs’ favor, defendants’ motion for judgment n. o. v. was refused, and their motion for a new trial was discharged on plaintiffs’ filing remittiturs for part of the damages awarded. Defendant appealed from the entry of judgments on the verdicts as reduced, assigning as error the court’s action on both motions.

The facts disclosed by the evidence are undisputed. Mrs. Bender was being…