Standiford

A verdict for the sum of $2,495 was awarded against defendant, as executrix of the last will and testament of Sarah' Jane Hilliard, deceased, in an action based upon an oral contract the decedent is alleged to have made to pay plaintiff for services rendered decedent during her last illness, in submitting to a blood transfusion and for the damages plaintiff might suffer as a consequence of said operation. Pursuant to a conditional order made by the trial court on motion for a new trial, plaintiff remitted $995 of the sum awarded by the jury, thereby reducing the amount of the judgment to $1,500, from which judgment defendant appeals.

Briefly stated, the grounds urged for reversal are that no valid claim for damages consequent to plaintiff’s services was presented against the decedent’s estate, and that therefore plaintiff was limited in her action to a recovery of the reasonable value of the services rendered; also, that the elements of damage pleaded were not sustained by the proof; that the court erred in refusing to give certain instructions proposed by defendant; that excessive damages were awarded under the influence of passion and prejudice, and that consequently the court…