Kurn v. Thompson

This is an action to recover damages for fatal personal injuries. Verdict was rendered for the defendant. Plaintiff’s motion for new trial was sustained, and defendants appeal.

Defendants’ first contention is that the trial court granted the new trial because of instruction No. 10, which plaintiff claimed was erroneous in view of the evidence adduced during the trial. This ground was included together with numerous others in plaintiff’s motion for new trial. Defendants’ contention is predicated on the following statement of the trial court made during the presentation of defendants’ motion to…