Jessen

In this action the plaintiff recovered a judgment against the defendant for the sum of $1,000, as damages for personal injuries, alleged to have been caused by the negligent and reckless driving of a horse and vehicle owned by the defendant and which, at the time of the accident, was being used in the business of the defendant and under the control of one of its agents.

The plaintiff’s complaint alleged damages to her as the result of the accident, aggregating the sum of $2,310. Of this amount $2,000 was claimed for injuries to plaintiff’s person and $310 was alleged to have been expended by her for nursing, medicines and surgical attendance.

The answer of the defendant specifically denied the existence of the damages pleaded, and upon the issue thus raised the trial court found for the plaintiff to the extent of $122.50 for money expended in medical attendance, but omitted in its findings of fact to designate the specific amount in which the plaintiff was damaged on account of personal injuries. The court did find however:

With the exception of the omission heretofore noted the trial court found specifically in favor of - the plaintiff upon every material issue in the case,…