Caspers v. Kalpin

This action arises out of a collision which occurred when a car occupied by plaintiff Barbara Caspers was struck from the rear by a car *556which defendant, Kathleen Kalpin, was driving. The jury awarded Elmer Caspers $73.88 for damage to his automobile but denied recovery to Mrs. Caspers. They appeal from an order denying a new trial. The only issue is whether as a matter of law Mrs. Caspers is entitled to damages. We hold that she is not.

As plaintiffs’ repair bill suggests, the impact was minimal. Mrs. Caspers had sustained injuries to her lower back in June 1957. In the matter before us she…