Bayard
Bayard v. Harriman
Opinion
Lead Opinion
Tyler, J.
This action was one brought to recover damages for personal injuries claimed to have been received through the negligent operation of an automobile driven by j defendant. Plaintiffs are husband and wife, and the injuries complained of were suffered by the wife. They consisted of a fracture of the left hand and certain cuts and bruises on the face and knee which, it is alleged, incapacitated her from work. Damages were claimed in the sum of twelve thousand five hundred dollars on account of such injuries, but the husband in addition thereto seeks consequential damages in the sum of three thousand dollars. Defendant denied the alleged negligence, and affirmatively charged plaintiffs with contributory negligence. The case was tried before a jury, which rendered a verdict in favor of the defendant. Motion for a new trial was made and denied, and this is an appeal from the judgment. Insufficiency "of the evidence to warrant the same is the only ground relied upon for a reversal.
In support of their claim of negligence plaintiffs proved in substance that between 5 and 6 o’clock on the evening of the day the accident occurred they had left their home in an Overland automobile and were…