Quill

This action was instituted by plaintiff to recover damages against the defendant for negligently causing the death of his minor daughter. A verdict was rendered in favor of the defendant, and from the judgment which followed and from the order of the court denying plaintiff’s motion for a new trial this appeal is prosecuted.

1. It is insisted that the court erred in denying plaintiff’s challenge for cause interposed to the jurors Parquharson and Borland. Plaintiff was compelled to use one of his peremptory challenges upon Parquharson, and had exhausted all of his peremptory challenges before obtaining a jury, and was thus constrained to accept as a juror Borland, whom otherwise he would have excused. There is no substantial difference in the mental attitude and testimony of the two jurors upon their voir dire. Both felt a prejudice against suits to recover damages for personal injuries, believing that many such were brought without merit, and that the number was constantly increasing. The evidence of negligence would have to be very clear before they would render a verdict for plaintiff. It would require clearer proof to justify a verdict for plaintiff in an action to recover…