Smith v. Johnson

Shulman, Judge.

Appellant, plaintiff below, brought suit against James Johnson for damages arising out of an automobile collision. Defendant filed a counterclaim against plaintiff for damages he sustained in the collision. During the pendency of the action, Johnson died and Hugh McNatt, as administrator of Johnson’s estate, was substituted as a party defendant. The jury returned a verdict for the plaintiff on defendant’s counterclaim and for the defendant on plaintiffs suit. Plaintiff appeals.

1. Appellant contends that the trial court erred in denying her motion denominated a motion "to…