Anderson v. Duban

Lues, C.

Plaintiff recovered a verdict of $1,400 for personal injuries suffered when he was struck by an automobile owned by the defendant Duban and driven by the defendant Warner. Defendants appealed from an order denying their alternative motion for judgment or a new trial.

Three questions are presented; (1) Was the plaintiff guilty of contributory negligence? (2) Was plaintiff’s counsel guilty of misconduct in asking a question designed to inform the jury that the defendant Duban was protected by insurance? (3) Was the verdict excessive?

The accident happened in the forenoon of January 15,…