Minor

Plaintiff brought this action to recover damages for personal injuries sustained as a result of being struck by an automobile belonging to defendant Adelaide MacSweeney and driven by defendant Georgena Foote. At the conclusion of the trial the action was dismissed as to Adelaide MacSweeney. Plaintiff sued for $15,000 general damages and $777.06 special damages. The defendant Georgena Foote, although denying liability for the accident, stipulated during the trial, which took place before a jury, that plaintiff had necessarily expended the sum of $777.06 for the treatment of her injuries. The jury returned a verdict in plaintiff’s favor, but disregarding the stipulation above mentioned awarded her damages for only $500. Judgment being entered for that amount, plaintiff moved for a new trial, and the motion was granted upon the grounds of “insufficiency of the evidence to justify the verdict and that the verdict is against law, said verdict having been rendered in favor of the plaintiff for a sum less than the amount stipulated by the parties as the special damages to the plaintiff.” An appeal was taken by the defendant from the order granting the new' trial, and in support thereof…