Schmidt v. Cooper

The opinion of the court was delivered by This is an action by the plaintiff, Anna E. Schmidt, to recover damages for personal injuries sustained in a collision between the Chrysler car in which she was riding and a truck driven by the defendant, Ben Waldo Cooper. The case was tried to a jury which returned a verdict in plaintiff's favor for $4,014.38. Plaintiff's motion for a new trial was sustained in part by the court, and a new trial was granted on the question of damages only. From this ruling, the defendant has appealed. Throughout the course of this opinion we shall refer to the appellee as plaintiff, and appellant as defendant.