Baker v. Davis (Two Cases‪)‬

FIELD, Justice. These two actions of tort were tried together in a district court. The first action was brought by a minor by his next friend to recover compensation for personal injuries sustained by him as a result of the alleged negligent operation of a motor vehicle by the defendant. The second is an action brought by the father of the minor plaintiff to recover consequential damages. In each case there was a finding for the plaintiff, a report to the Appellate Division, which ordered entry of judgment for the defendant, and an appeal by the plaintiff to this court. First. In the action brought by the minor plaintiff the Appellate Division based its order for the entry of judgment for the defendant on the ground of error by the trial court in denying the defendant's request that 'The plaintiff has not sustained the burden of proving by a fair preponderance of the evidence that the defendant was negligent.' The Appellate Division was right. The evidence did not warrant a finding that the defendant was negligent and, consequently, did not warrant a finding for the plaintiff.