Dee v. Parish

The controlling question in this case is whether the jury’s answers on which the judgment of the trial court is based are findings of ultimate or merely evidentiary facts. Mary Ann Dee, petitioner, brought the suit by her father and next friend against William Parish, respondent, to recover damages for personal injuries alleged to- have been sustained when she was thrown from a horse supplied for her use by respondent. The trial court rendered judgment on the jury verdict in petitioner’s favor for $2,750.00, but a remittitur of $950.00 was later ordered and filed. This judgment has been…