Beery v. Northern States Power Co.

Matson, Justice.

Appeal from an order denying defendants’ alternative motion for judgment notwithstanding the verdict or a new trial.

This action is brought by Charles B. Beery as special administrator of the estate of his deceased son, Frank Beery, under the statute for death by wrongful act (M. S. A. 573.02) to recover $10,000 damages for the benefit of next of kin.

On the afternoon of July 5, 1948, decedent was in the back yard of the home of his friend, Charles Scriver. Charles had been trimming some unsightly trees in the yard. Upon decedent’s arrival the two young men decided to top a…