Reuther v. Viall

In this personal injury action plaintiffs, Mr. and Mrs. Reuther and their two minor children by their guardian ad litem, recovered judgment on a special jury verdict finding wilful misconduct by defendant automobile driver, Mary L. Viall. Plaintiffs appeal from an order granting defendant a new trial, and defendant appeals from an order denying her motion for judgment notwithstanding the verdict. (See Code Civ. Proc., § 629.) Upon the evidence adduced the issue of wilful misconduct is one of fact rather than of law. There was a sufficient showing from which the jury reasonably could have…