Smith v. Muckelstone

The plaintiff, Smith, seeks recovery of damages alleged as suffered by him as the result of the negligent driving of an automobile operated for the defendants, Muckelstone and wife. Trial in the superior court for King county, sitting with a jury, resulted in a verdict in favor of the defendants. Thereupon counsel for the plaintiff moved for a new trial on several grounds, presenting to the trial court questions of both law and discretion. After hearing argument upon the motion, the trial judge rendered an informal memorandum opinion which concluded with these words:

“I believe that the…