Cimo v. Karstendiek

CHARLES J. RIVET, Judge ad hoc.

This is an appeal from the verdict of a jury awarding damages to the plaintiff and to his minor son, for the actual expenses of the former and physical injuries of the latter, attributed to the defendant’s negligent operation of her automobile.

An application for a new trial, after the verdict of a jury, was refused by the district judge with this comment:

“New trial refused although I do not agree with the verdict. It seems to me that defendant had no opportunity to avoid the accident when the little boy dashed in front of her. I feel further that it might be an…