Kantner v. Hynniman

McKay, J.,

Following verdicts for plaintiffs in the above entitled case, defendant has moved for a new trial. The reasons assigned are: (1) That the court erred in admitting evidence that defendant’s speed was excessive in the absence of an averment to that effect in the complaint; (2) that the verdict of $12,500 in the survival action was excessive; and (3) that the court erred in refusing to withdraw a juror when defendant’s counsel in his oral argument quoted specific sums not based upon evidence while illustrating the application of the principle of present worth of future loss of earnings.