Walke v. Premier Pocahontas Collieries Co.

Miller, President:

This is an action on the case brought by plaintiff, an infant, suing by his next friend, for personal injuries. After introducing his evidence, the defendant introducing none, the court on motion of plaintiff directed the jury to find a verdict for him. They retired to determine the amount of damages sustained, and returned a verdict for plaintiff of $3,300.00. On motion of defendant to set aside this verdict, and in arrest of judgment, the court put the plaintiff on terms of accepting in lieu of the sum found the sum of $1,500.00, or the verdict *40would be set aside.…