Gardner v. Burke

We speak of the parties as they appeared in the lower court. The plaintiff, six years of age, was injured in a collision between a car in which he was riding and qne owned and driven by defendant.

There were two trials, the first resulting in a verdict for defendant. This was set aside by Judge Ballard. On the second trial, there was a verdict in plaintiff’s favor for $1,500. This was approved by the trial judge and the defendant has prosecuted this appeal in error.

The assignments assert in substance that the court abused his discretion in granting a new trial to plaintiff after the jury’s…