Donnatin

Plaintiff, alleging that he was injured as the result of defendant’s negligent operation of an automobile, sued to recover damages for such injuries.

The answer of defendant denied that it was guilty of negligence, alleged contributory negligence on the part of plaintiff, and denied that he suffered damage in any sum whatsoever. Upon the issues so joined the case was tried before a jury, which rendered a verdict in favor of plaintiff, wherein his damage was assessed at one dollar, and judgment was entered in accordance therewith.

In due time and pursuant to nptice given, plaintiff moved the court to set aside and vacate that part of the verdict only wherein the jury fixed the amount of his damage at one dollar and grant him a new trial of the issue as to the damage sus tained as the result of defendant’s negligence, which motion was based upon the ground that the sum so fixed was grossly inadequate, and that the evidence was insufficient to justify the verdict in so far as it was found that plaintiff’s damage was one dollar and no more. The motion was made upon the minutes of the court, and all the evidence touching the issue as to damage only, omitting therefrom evidence as to…