Kiburz v. Loc-Wood Boat & Motors, Inc.

DALTON, Presiding Judge.

Action for $25,000 damages for the wrongful death of plaintiff’s decedent, Roger Kiburz. Verdict and judgment were for defendants but, on motion, the court set the verdict and judgment aside and granted plaintiff a new trial on the ground (1) that the verdict of the jury was against the weight of the evidence and (2) that the court erred in giving defendants’ Instructions No. 10 and 11. Defendants have appealed “from the order granting a new trial to plaintiff.”

The petition charged that on June 7, 1958, at about 10:45 a. m. decedent’s death was caused by being struck…