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HARDEE, Appellant, vs. METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, Respondent. Motion for rehearing denied, without costs, on January 7, 1958.

Action to recover damages for injuries received in an automobile collision. The complaint was dismissed by the judgment from which the appeal is taken.

Appellant, Mary Jane Hardee, was a guest in the automobile of Kenneth L. Cross when that automobile was wrecked as recited in Veverka v. Metropolitan Casualty Ins. Co., ante, p. 8, 85 N.W.2d 782. The two actions were consolidated for trial and for appeal. The special verdict was the same in each case and the opinion in the Veverka appeal applies equally and in all respects to the instant one except for the question of damages.

BROWN, J.

Appellant sustained a fractured pelvis and a punctured bladder. She was hospitalized about six weeks and had to use crutches in walking for six weeks more. The jury allowed her $400 for her injuries. We think this so inadequate that the interests of justice require a new trial on this issue as well as on the questions of liability as held in the Veverka Case, supra.

By the Court. — Judgment reversed, and cause remanded for a new trial on all issues.

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HARDEE v. METROPOLITAN CASUALTY INS. CO
(Nov 5, 1957)