Larimer v. Platte

Plaintiff’s decedent was killed in a collision between his automobile driven by him and a tractor-trailer owned by Platte, driven by Jacob. Plaintiff sued them both for damages of $52,000 due the estate. Platte filed a counterclaim against plaintiff for damage to the tractor-trailer. There was a verdict and judgment for $600 on the counterclaim. Plaintiff’s motion for new trial was overruled. She has appealed, assigning as error the overruling of such motion.

The counterclaim alleged damages of $326 and $1879.49, as the reasonable cost of repairing the tractor and trailer respectively. For six…