O'NEILL v. Claypool

HOUSER, Commissioner.

This is an action for damages for personal injuries and property damage arising out of an intersectional collision of two automobiles. Pending trial defendant died and her administrator was substituted as party defendant. The trial jury returned a verdict for the administrator. Plaintiff’s motion for a new trial was sustained for error in the giving of Instruction No. S. From that order and judgment the administrator appealed to this Court, which has jurisdiction since plaintiff prayed for $61,-S00.86 and there was a judgment for defendant.

Plaintiff sought to go to the…