Van Cleave v. Lynch

TURNER, Justice.

Respondent recovered a verdict of $10,000 general damages and $345 special damages against defendant, for alleged wrongful death of respondent’s son on July 27, 1942. There is no dispute as to the fact the child was killed as a result of an impact with the automobile driven by defendant. Appellant’s appeal is predicated on the following principal grounds: (1) That the trial court erred in not directing a verdict in favor of the defendant; (2) that the court misdirected the jury; and (3) that excessive damages were awarded.

The contention that the court should have directed a…