Durkan v. Leicester

In this automobile collision case, the trial court granted a new trial for inadequacy of the jury’s verdict. The defendant appeals.

Respondent was driving his automobile in Seattle at a speed of approximately 10 miles per hour, on January 18, 1960, when his car was struck from the rear by appellant’s vehicle. Appellant testified that, when traffic ahead slowed, he bumped into respondent’s car. The jury could have found the impact to be slight from the description of the incident as related to them by the two drivers and from the *78physical damage shown. The rear bumper of respondent’s car had…