Sanders v. Toberman

This is an appeal from an order granting a new trial after a verdict of the jury in favor of the defendant in a ease brought by the plaintiff to recover for the death of an infant son who was killed by an automobile operated by the defendant.

The appellant presents two contentions,—first, that the notice of intention to move for a new trial is defective because there are no specifications of the insufficiency of the evidence, and, second, that the evidence shows without conflict and as a matter of law that the child, Milo Wright Sanders, killed by the defendant’s automobile, was guilty of…