Wallace v. Easterwood

Carlisle, Judge.

1. The complaint in the first special ground of the motion for a new trial that the judge erred in his instructions to the jury in reading a paragraph of the plaintiff’s petition relating to the plaintiff’s medical -expenses in the amount of $400-, which paragraph had been stricken on demurrer, fails to show harmful error where the record in the case shows that the -trial court thereafter granted a new trial, unless the plaintiff write $400 off from the verdict, which order was complied with by the plaintiff. Assuming, but not deciding, that the inadvertent reading by the…