McEntyre v. Jones

This is an action under a so-called wrongful death statute for the recovery of damages not to exceed $10,-000, as limited by statute, for the death of a thirteen-year old girl allegedly caused by the negligence of the defendants, now plaintiffs in error. To the allegations of negligence an answer was filed denying negligence and asserting contributory negligence on the part of the child, to be imputed to the plaintiff mother, and further alleging the incident to be an unavoidable accident.

Trial was had to a jury which returned a verdict of $7,500 in favor of plaintiff, and judgment was…