McVea v. Nickols

In this action the plaintiff recovered a verdict against the defendant for $3,500, on account of injuries sustained through being struck and knocked down by an automobile operated by defendant. Upon the hearing of the usual motion, the court ordered a new trial unless the plaintiff remitted one-half of the amount of the verdict. The plaintiff consented and thereupon the motion for new trial was denied. The defendant has appealed from the judgment based upon the verdict, as thus altered.

It appears from the evidence that about 8 o’clock on the evening of January 15, 1928, the defendant was…