Lambert

Appellant, who as plaintiff in the court below recovered judgment on a verdict for $300 as damages for the death of a son eight years and eight months old, appeals from said judgment on the sole ground that the recovery is inadequate. It is contended that since the special damages for hospital, medical and funeral expenses total $235, the balance of the judgment, or. $65, as general damages for the deprivation of the society, comfort and protection of the minor is so palpably inadequate as to render the verdict grossly absurd.

Appellant asks that the ease be remanded for a new trial on the issue of damages alone, if that be held proper, and if not, then on all of the issues. It is earnestly urged, however, that the issues of negligence on respondents’ part and of contributory negligence on the part of appellant were effectually and finally removed from consideration by reason of the jury’s verdict for appellant and the implied findings on those issues in his favor.

This is not the first time since the rendition of the verdict and the entry of judgment that a request for a new trial has been made. The question of appellant’s right to a new trial was passed upon by the lower…