Barnes v. Kittrell

The plaintiff brought suit for damages on account of injuries alleged to have been sustained from the negligent operation of an automobile by the defendant. The jury returned a verdict in favor of the plaintiff. The defendant moved for new trial on the general grounds,, and by an amendment added two special grounds, (a) that the court failed to charge the jury as to the measure of damages except as to pain and suffering, and (b) that the court erred in charging the jury that "if both were negligent, and the negligence of the defendant exceeded the negligence of the plaintiff, then it would…