New York Central Railroad Co. v. Knoll

— This is an action for personal injury arising out of an automobile accident.

Judgment was for the plaintiff — appellee.

The assignment of errors, the court erred in overruling appellant’s motion for new trial.

Appellant in ground 8 of its motion for new trial, assigned as error the giving of the plaintiff’s Instruction No. 2. The instruction is as follows:

“If you find from a fair preponderance of the evidence, and under the instructions of the Court, that the plaintiff, Flora Knoll, is entitled to recover, then you should determine the amount of damages she has sustained, if any, from the…