Schmidt Ex Rel. Schmidt v. Allen

DALTON, Judge.

Action for $100,000 damages for personal injuries sustained by plaintiff, a four year old child, when he was struck by defendant’s automobile near the center of Big Bend Boulevard in St. Louis County. Verdict and judgment were for defendant, but the trial court set aside the verdict and granted plaintiff a new trial on the ground that the verdict was against the weight of the evidence, was contrary to the law and evidence and because of error in the giving of an instruction. Defendant has appealed from the order granting plaintiff a new trial.

Defendant-appellant here contends…