Cassens v. Tillberg

Plaintiff, a minor 11 years of age, by next friend, brought suit against defendant to recover damages for injuries claimed to have been sustained by him while riding in an automobile with his adult brother, through colliding with a car driven by defendant. The cause was tried before a jury who found for the defendant. The trial court awarded plaintiff a new trial, and defendant has appealed from such order of allowance.

The motion for a new trial was based upon three grounds; 1st, that the court erroneously gave to the jury instructions at the instance of defendant; 2nd, that the verdict was…