Herzberg v. White

Blanche White, hereinafter called plaintiff, as administratrix of the estate of Margaret Cowan, deceased, brought suit against Benjamin Herzberg, hereinafter called defendant, for damages, alleging that it was the negligence of the defendant which caused the death of her intestate. The case was tried to a jury which returned a verdict in favor of plaintiff in the sum of $250, and she promptly moved for a new trial, alleging insufficiency of the damages. Defendant resisted the motion for new trial, but an order was made granting it, and he has appealed.

The situation is a rather unusual one, in…