Day Ex Rel. Day v. Mayberry Ex Rel. Mayberry

STONE, Presiding Judge.

For injuries alleged to have resulted from a bizarre accident in Kennett, Missouri, about 9:30 P.M. on June 1, 1965, plaintiff Michael O. Day, then 16 years of age, instituted this action in which he sought damages of $10,000 from defendant Gail Mayberry, then also 16 years of age. Following entry of judgment upon a unanimous jury verdict for defendant, plaintiff’s timely motion for new trial was sustained on the sole ground that the verdict was against the weight of the evidence. V.A. M.R. Rule 78.01. On this appeal by defendant, her contentions are (a) that “a…