Gerking v. Johnson

Appellee, when she was ten years old, was injured by collision with appellant’s automobile at a street crossing in Indianapolis. She recovered a verdict for $3,000.00 on which was entered the judgment from which this appeal is taken. The only error assigned and not waived is the overruling of a motion for new trial in which the questions hereafter discussed were properly presented.

Specifications of the motion charging misconduct of a juror who conversed with appellee during a luncheon hour and misconduct of the jury in arriving at a quotient verdict cannot be considered for lack of special…