Gamble v. Smith

Holt, Justice.

Plaintiff’s decedent ivas killed on the evening of January 4, 1941, on Bald Eagle avenue, in the city of White Bear Lake, while removing a flat tire from an automobile parked on the shoulder of the roadway, his death being caused by the alleged negligent act of defendants in driving their car upon or against him. In this action to recover for such death, the jury rendered a verdict for $1,250. Plaintiff moved to vacate the verdict and grant a new trial on the issue of damages only, or in the alternative for a new trial of all the issues, the grounds alleged being (a)…