Dowling v. Camden County

Hall, Judge.

The trial of this wrongful death action arising out of an automobile collision resulted in a verdict and judgment for the defendant. The plaintiff appealed after the trial court overruled the general and special grounds of her motion for new trial. Held:

1. The defendant argues that a verdict in its favor was demanded because it denied, and the plaintiff did not prove at the trial, the allegation of the plaintiff’s petition, “That defendant has waived its defense of governmental immunity and has elected to submit to the jurisdiction of this court by complying with the provisions of…