Kimble v. Degenring

The opinion of the court was delivered by

Perskie, J.

The question requiring decision in this cause is whether, in a new trial as to damages only, the plaintiff is limited to a recovery solely for those personal injuries apparent at the first trial. We think not.

At the first trial between the same parties on November 19th, 1934, the jury returned a verdict of $150 in favor of the infant plaintiff and a verdict of $55 in favor of her next friend. A rule to show cause why the verdict of $150 should not be set aside, on the ground of inadequacy of damages, was obtained, made absolute, and a new…