Sparks v. Auslander

Action for personal injury alleged to have been caused by defendant's negligence; verdict and judgment for plaintiff for $20,000, and defendant appealed.

Error is assigned: (1) On the refusal of a demurrer to the evidence; (2) on plaintiff's instruction No. 1; and (3) on argument.

Plaintiff was injured when his car, driven by him, struck the rear of defendant's car, which was parked partly on the highway. Plaintiff received a brain and other injuries. The brain injury was such that he was never able to recall anything pertaining to the accident, or shortly preceding, and through a period of…