HAYS, Justice.
Law action for damages for death of plaintiff's decedent due to alleged negligence of the defendant. Just prior to empaneling a jury in the case the trial court, acting under rule 134(d) R.C.P., 58 I.C.A., sustained plaintiff's motion to strike defendant's answer. The court submitted the issue of damages to the jury, granting defendant the right to cross examine. A jury returned a verdict for $9,000.00, actual damages and $50,000.00 exemplary damages...
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