Smith v. Moroney

STRUCKMEYER, Justice.

This action in negligence was brought by H. S. Moroney and Gerda Moroney, his wife, plaintiffs, to recover damages for injuries to the person of Gerda Moroney. At the trial the jury returned a verdict in favor of each of the defendants, Clara Joyce Smith, William David Smith, Clara Gregory Smith and Lela Smith, which verdict was set aside by the trial judge and an order was entered granting plaintiffs’ motion for new trial upon the grounds that “the verdict is not justified by the evidence.”

Nearly every material fact elicited at the trial is disputed either by one party…