Schwartz v. Wenger

Otis, Justice.

This is a personal injury action arising out of an automobile collision which occurred on April 10, 1960, in the city of St. Paul. The jury awarded defendant damages on her counterclaim. Plaintiff appeals from an order denying his motion for judgment n.o.v. and a new trial.

Plaintiff was asked on direct examination if he knew what income he had lost during his disability. An objection that the question called for speculation was sustained. Thereupon counsel inquired about plaintiff’s customary business income, to which defendant objected on the ground it was not the best…