Miller v. Russell

Mr. Presiding Justice Matchett

delivered the opinion of the court.

In an action begun May 4, 1937, for personal injuries, upon trial by jury there was a verdict for plaintiff in the sum of $2,000, on which the court overruling defendant’s motion for a new trial, entered judgment and defendant appeals. It is contended for reversal that the evidence fails to disclose plaintiff was in the exercise of due care; that the evidence does not prove defendant was guilty of any negligence; -that the court erred in denying defendant’s motion for a new trial; and that the damages are excessive and the…