MEISSNER v. SMITH

No. 10838.

494 P.2d 567 (1972)

94 Idaho 563

Ray MEISSNER and Elaine Meissner, husband and wife, Plaintiffs-Appellants and Cross-Respondents, v. Claude Edward SMITH and Bernard J. Wetzstein, Defendants-Respondents and Cross-Appellants.

Supreme Court of Idaho.

March 6, 1972.


Attorney(s) appearing for the Case

Hepworth, Walker, Nungester & Felton, Buhl, for appellants and cross respondents.

Merrill & Merrill, Pocatello, and Benoit, Benoit & Alexander, Twin Falls, for respondents-cross appellants.


SHEPARD, Justice.

This appeal results from an action brought by the Meissners for the wrongful death of their minor son. Following trial, the jury returned a verdict in favor of the plaintiffs. The trial court thereafter ordered a new trial unless plaintiffs would agree to a reduction of the verdict by approximately 50%. Plaintiffs appeal from that order of the trial court and defendants cross-appeal from the denial of their motion for a new trial. We reverse the...

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