Tornell v. Munson

Plaintiffs seek to recover damages from defendants by reason of defendants alleged negligent operation of their automobile. By their answer defendants denied plaintiffs claim and affirmatively alleged that the injuries, if any, suffered by plaintiffs resulted from their own negligence. A trial by jury resulted in a verdict for plaintiffs in the sum of $3,000. Both parties moved for a new trial -- the defendants upon substantially all of the statutory grounds -- the plaintiffs primarily upon the ground of insufficiency of the damages. The order of the trial court denying defendants motion and granting plaintiffs motion upon the sole issue of damages does not appear to be an abuse of discretion under the facts presented by the record.