O'Shea v. Pattison-Mcgrath Dental Supplies, Inc.

Action to recover $50,000 damages for personal injuries; the jury found for plaintiff, and fixed her damages at $500. The trial court sustained plaintiff's motion for a new trial on the ground of inadequacy of verdict, and defendants appealed.

Error is assigned on overruling defendants' separate demurrers to the evidence and in granting the new trial on the ground stated.

If plaintiff failed to make a submissible case, then other questions would be unimportant. Hence, we shall first dispose of the demurrers.

The demurrers go to the sufficiency of the evidence to establish the negligence charged,…