Johnson v. Dawidoff

Plaintiff sued the defendant to recover $15,000.00 as damages for personal injuries sustained when he was struck by the defendant's car. The trial resulted in a verdict and judgment for the defendant from which plaintiff appealed. The case was heard in this court at the September Term, 1942, and an opinion delivered. A rehearing was granted and the cause reargued at the September Term, 1943.

The trial court submitted the case to a jury on primary negligence and also under the humanitarian doctrine. The parties[468] rebriefed the case on rehearing. The alleged errors complained of pertain to…