Murphy Ex Rel. Murphy v. Land

HOUSER, Commissioner.

This is an action for damages. In Count I S-year-old Galen Murphy sued pro ami for $25,000 damages for personal injuries sustained when he was struck by an automobile owned and operated by defendant Donald L. Land, while Galen was riding oa a skateboard. In Count II Galen’s parents sued for $1,300 damages for medical expenses incurred. A trial jury returned a verdict for defendant, which was set aside by an order granting a new trial on the ground that the court erred in giving Instruction No. 5. In its order the court declared that No. 5 was prejudicial in view of the…