Dinger v. Burnham

BOHLING, C.

Edna J. Dinger sued Lester Burnham for $25,000 damages for personal injuries sustained when an automobile in which she was riding collided with one of defendant’s trucks. The trial resulted in a verdict for defendant. Plaintiff’s motion for a new trial was sustained on the ground an instruction imputing the negligence of plaintiff’s son to her, in the event of a finding he was acting as her agent at the time, was not supported by any substantial evidence. The defendant appealed. He claims there was sufficient evidence on which to base the instruction and, in addition, that the…