Murosky v. Spaulding

Opinion by

Ervin, J.,

The sole question in this appeal is whether the court below abused its discretion in failing to grant a new trial because of the inadequacy of the verdict.

On June 12, 1955, at approximately 10:00 p.m. on a rainy evening, Thomas R. Murosky was killed in a collision between an automobile driven by Jerome W. Spaulding and one driven by James P. Junod. Murosky was a passenger in the Junod car. In the ensuing lawsuit instituted by Joseph Murosky, father of Thomas Murosky, the jury awarded a verdict in the amount of $3,000.00 in a survival action and $1,332.93 in a death action.…