McCarthy v. Sheridan

Action to recover damages for alleged personal injuries. Plaintiff recovered judgment for $8500 and defendant appealed. The cause was argued and submitted in Division One where an opinion by Commissioner Sturgis reversing and remanding the cause was adopted as the opinion of the court. Because of a dissent of one of the judges in division, the cause was transferred to court en bane where it was again argued and submitted.

Appellant contends (1) that the evidence was not sufficient to warrant the submission of the case to the jury under the humanitarian rule, and (2) that the instruction…