Hackaday Ex Rel. Estate of Hackaday v. Brackelsburg

The question presented is whether it was an abuse of discretion to deny plaintiff’s motion for new trial on grounds of misconduct of a juror and defendant’s attorneys. We hold with some reluctance it was not.. The action was at law to recover for the death of plaintiff’s decedent from injuries received while a passenger in defendant’s automobile. Count I of the petition alleges decedent was riding with defendant as a passenger for their mutual, definite and tangible benefit and decedent’s fatal injuries were caused by defendant’s negligence. Count II states decedent was a guest in the…