Carter v. Duval Engineering & Contracting Co.

STURGIS, Judge.

The appellants, husband and wife, plaintiffs below, appeal from an order granting defendant’s motion for a new trial in a negligence action for damages arising out of injuries to the wife resulting from a collision between her automobile, driven by her, and an earthmover operated by defendant-appellee. The jury awarded the wife $2,500 and the husband $2,300 damages.

While defendant filed an answer denying the negligence charged by the complaint, on the trial the defense was withdrawn and the cause tried only upon the issue of damages. Plaintiffs alone testified in their own…