Dyer v. Keith

The opinion of the court was delivered by

Hutchison, J.:

The serious and difficult question involved in this appeal is whether the different items of the question submitted to the jury as to the amount of damages allowed for apparently different reasons overlapped each other and thus duplicated the allowance made.

The general verdict was for $8,000 for damages sustained by the plaintiff on account of injuries received in an automobile collision. The one special question asked the jury and the itemized answers given to it were as follows:

“Q. If you find for the plaintiff, state how much you allow…