Thomas Ex Rel. Thomas v. Kimsey

HYDE, Presiding Judge.

Action for $25,000 damages for personal injuries, verdict and judgment for defendant from which plaintiff has appealed. Plaintiff assigns error in giving Instructions 5 and 8, and claims misconduct of defendant’s counsel in connection with his opening statement, introduction of evidence and argument.

It is not contended that plaintiff failed to make a jury case, and there is not much dispute about what happened, so it is not necessary to make an extended statement of facts. Defendant was the owner and driver of a school bus on which plaintiff, seven years old at the time,…