Atwood v. Garcia

The appellee, an infant of tender years, who sues by her mother as next friend, recovered a judgment against the appellant for damages resulting to her from a personal injury. At the close of the evidence, the court below charged the jury to return a verdict for the appellee, submitting to them only the amount of damages to be awarded. The giving of this instruction is assigned for error, and also the amount of the verdict, which is said to be excessive.

The evidence discloses that an automobile truck in which the appellee was riding was struck by an automobile driven by Mrs. Holloway in which…