Benton Ex Rel. Benton v. Pellum

Oxner, Justice.

Respondent brought this action to recover damages for personal injuries sustained while riding as a guest in an automobile driven by appellant. The trial resulted in a verdict in favor of respondent for $4,500.00 actual damages and $4,500.00 punitive damages. The Court granted a new trial unless respondent remitted on the record $2,000.00 of the verdict for punitive damages. This was done and judgment entered for $7,000.00.

The first question is whether the Court below erred in refusing a motion for a directed verdict upon the ground that there was no evidence of actionable…