Rockwood

Plaintiff, the father of a minor son injured in an automobile accident, brought this action to recover such damages as plaintiff claimed to have sustained as the parent of said minor. Upon a trial by jury, plaintiff obtained judgment in the sum of $6,000. Upon a motion for new trial the trial court ordered that a new trial be granted unless plaintiff remitted one-half of this amount. Plaintiff filed his written consent to the reduction of the judgment, which now stands in the sum of $3,000. From this judgment in the reduced amount defendant appeals.

Appellant urges a reversal solely upon two grounds, both of which relate to the damages awarded. It is contended first that the damages are excessive and second that the trial court committed error in giving certain instructions relating to damages.

The minor sustained a fracture of the tibia and fibula of the right leg in the accident in March, 1928. His age at the time of the trial in -September, 1929, was eleven years. The period of disability, including physiotherapy treatments, was five or six months. The fractured parts made a perfect union and healed in perfect alignment. There was no shortening of the leg or diminution in…