Metzinger v. Subera

The opinion of the court was delivered by

Price, J.:

This action was brought by plaintiffs to recover for the wrongful death of their four-year-old daughter who was killed as a result of being struck by the automobile driven by defendant.

The jury returned a very nominal verdict for plaintiffs and also made special findings. Plaintiffs’ motion for a new trial, on the grounds the verdict was in part contrary to the evidence, was given under the influence of passion and prejudice, and that the jury was guilty of misconduct, was overruled. Defendant’s motion for judgment on the special findings was…