Gau v. J. Borgerding & Co.

Tayloe, C.

Plaintiff recovered a verdict of $25,000 for injuries sustained in an automobile collision on a public highway. Defendants made a motion for judgment non obstante or for a new trial. The court denied the motion for judgment, but granted the motion for a new trial unless plaintiff filed a written consent to reduce the verdict to the sum of $23,500, in which event the motion for a new trial was also denied. Plaintiff filed the written consent. Defendants appealed.

Defendants complain of two statements in the charge to the jury. They were not of much importance and when taken in…