Davis Ex Rel. Davis v. Cunningham

I respectfully dissent for the reason that I believe the evidence justified submission to the jury of the issue of the defendant’s negligence and would therefore affirm the jury finding on liability, but, because the damage award was clearly inadequate, I would remand for a new trial on the issue of damages only.

At the expense of some repetition of facts contained in the majority opinion, I state my view as follows:

The evidence shows that Philip and his parents were guests at the farm home of the defendant. The family had begun their visit the day before the accident. On the day of the…