Fisher v. Gunn

COIL, Commissioner.

Plaintiff-respondent obtained a $12,500 verdict and judgment for personal injuries and property damage allegedly resulting from defendant-appellant’s negligence. Plaintiff submitted his case solely on defendant’s alleged humanitarian negligence in failing to slacken or swerve. Defendant now contends that: Plaintiff failed to make a submissible case; the court erred in excluding evidence and in giving an instruction; and the judgment is excessive.

On August 11, 1951, plaintiff, Jasper H. Fisher, accompanied by his wife and child, drove his automobilé north on U. S. Highway…