Christensen v. Pestorious

DIBELL, Justice.

Action to recover damages for the death of plaintiff’s intestate caused by the negligence of the defendant. There was a verdict for the plaintiff for $5,500. The special damages were $442.14. The defendant’s alternative motion for judgment or a new trial was denied. One ground of the motion for a new trial was excessive damages; others referred to errors at the trial. From the judgment entered on the verdict the defendant appeals.

The court charged that as a matter of law the defendant was negligent, and no objection is made on appeal. There are the following considerations:(1)…