Tharpe v. Cudahy Packing Co.

The evidence was in sharp conflict as to whether the injury to the plaintiff was due to the negligence of the driver of the automobile which struck the plaintiff or was due to an unavoidable accident. The only injury sued for was pain and suffering. Under the evidence and circumstances of the case I do 'not think this court should hold, as a matter of law, that the verdict was the result of prejudice or bias, because the jury could have found against the plaintiff, or was inadequate because of -the error in the overruling of the demurrer to the plea of settlement. Presumably the plea was…