Harber v. Smith

PELTS, P. J.,

(Middle Section). This is a suit for personal injuries growing out of a collision of a motor truck driven by plaintiff and an automobile owned by defendant C. A. Simmons and driven by C. B. Smith. At the close of all the evidence a verdict was directed for Simmons, and there was a verdict and judgment for plaintiff against Smith for $6,000..The Trial Judge suggested a remittitur of $3,000, plaintiff accepted it under protest, appealed in error, and has assigned two errors: (1) that the Trial Judge erred in directing a verdict for Simmons; and (2) that he erred in suggesting the…