Davis v. Smith

This is an appeal from an order granting plaintiff a new trial following a jury verdict in plaintiff’s favor in the amount of $4,000. Plaintiff brought the action for the wrongful death of his son who was killed in a “one car” accident in which the driver, one Howard Jackson, was also killed. Plaintiff’s son was a 15 year old sophomore in high school. The driver was a 20 year old. The estate of Howard Jackson, the defendant here, admitted liability and the case was tried to the jury on the question of damages only.

The only issue on appeal is whether the trial judge abused his discretion in…