Kelly v. Reynolds

The cause stemmed from an automobile collision and went to trial on both the complaint of plaintiff and the counterclaim of defendant, after which the jury returned a verdict of $2,000 for Kelly on his complaint and against Reynolds on his counterclaim. The only question raised upon this appeal is whether or not the trial court erred in denying a motion for new trial on damages only. Concisely stated, plaintiff contends: that defendant’s counsel made certain binding concessions in closing argument as to a proper amount of verdict; that there was improper use of discovery depositions permitted…