Cason v. Smith

Opinion by

Rhodes, P. J.,

Defendant in this trespass action appealed from the refusal of his motion for judgment n.o.v. and from the grant of a new trial as to the minor plaintiff limited to the amount of damages for pain, suffering, and disability.

Leroy Cason, three and a half years of age, was injured on April 19, 1952, when he was struck by the automobile owned and operated by defendant. He suffered a fracture of the right leg and other injuries. The action was instituted against defendant by the minor, by and through his mother and natural guardian, to recover for personal injuries, and by…