Averdieck v. Barris

This defendant appeals from a judgment following a verdict in favor of the plaintiff in the sum of two thousand five hundred dollars for personal injuries caused by the plaintiff being struck down by the defendant through the careless operation of the latter’s automobile. No question arises from the pleadings or the conduct of the trial before the jury. The only points raised on the appeal are that the evidence is insufficient to show negligence on defendant’s part, that it affirmatively shows contributory negligence on plaintiff’s part, and that the verdict is excessive.

The accident occurred…