(Download) "Juanita Boone v. Evelyn Richardson" by Supreme Court of North Dakota # eBook PDF Kindle ePub Free
eBook details
- Title: Juanita Boone v. Evelyn Richardson
- Author : Supreme Court of North Dakota
- Release Date : January 19, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In this action against Evelyn Richardson, Juanita Boone sought to recover $10,000.00 damages for personal injuries, loss of wages and impairment of earning capacity sustained as a result of a collision between the plaintiffs and defendants automobiles. The collision occurred at an intersection in Portageville, Missouri, on January 31, 1963. Upon trial of the case on January 10, 1964, a jury returned a verdict finding the issues generally for the plaintiff and against the defendant, but assessing plaintiffs damages at the sum of "$0." The plaintiff subsequently filed a motion for new trial on the issue of damages only, and the defendant filed an after-trial motion for judgment as authorized by Rule 72.02, V.A.M.R. The trial court granted a new trial on the issue of damages only, and denied defendants motion for judgment. The defendant appeals. The principal questions before us, therefore, are: (1) whether the plaintiff made a submissible case upon the ground or grounds of negligence actually submitted to the jury, Bowers v. Columbia Terminals Co., Mo. App., 213 S.W.2d 663, 667[3]; and (2) whether the jurys verdict can reasonably be construed as a general verdict for the plaintiff with an inadequate assessment of damages so as to authorize the discretionary grant of a new trial on the ground that the verdict was against the weight of the evidence. Underwood v. Brockmeyer, Mo., 318 S.W.2d 192, 193-194[1-4].
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