Covey Gas & Oil Co. v. Checketts Et Ux

This is an appeal from a judgment, rendered on a jury verdict, allowing appellees to recover $35,407.50 damages for the negligently caused death of their eight year old son. A motion for a new trial on the ground, inter alia, that the verdict was excessive was denied. The child was struck and killed by a gasoline truck owned by appellant and driven by its employee, one Bowman. The action is based upon the Idaho wrongful death statute applicable to the death of minors, 2 Idaho Code, § 5-310. Jurisdiction of the district court was based on diversity of citizenship.

Appellant’s statement of points to be urged on appeal complains of the failure to give two requested instructions bearing on the question of negligence. No mention of these points is made in appellant’s briefs, and we consider them abandoned. It follows that, for purposes of this appeal, it is established that the child’s death was caused by the negligence of appellant’s servant and that appellant is responsible for the conduct of the servant.

Appellant’s only contention warranting discussion is that the jury’s finding of damages of $35,407.50 is not supported by the evidence and that the amount is grossly excessive of…