Hill Ex Rel. Hill v. Cloward

CROCKETT, Justice.

This is a suit for injuries received by Paul Hill, an 11-year-old boy, when he fell off the running board of an ice cream truck driven by the defendant, Rex Cloward, owned by the defendant, Rubin McDougal. Upon special interrogatories the jury refused to find that the defendant was negligent and found that the plaintiff was.

Plaintiff contends that he was deprived of a fair trial because of:

A. Remarks concerning insurance in the presence of the jury.

B. Giving a jury instruction subsequent to and separate from the others.

The incident resulting in plaintiff’s injury occurred on…