Fleming v. McMillan

Lovins, Judge:

This action was instituted to recover damages for the death of plaintiff’s decedent, Ada Fleming. At the conclusion of the testimony on behalf of the plaintiff, the trial court, on motion of the defendant, excluded the evidence offered by the plaintiff, and directed the jury to find a verdict for the defendant. A motion to set aside the verdict was overruled, judgment of nil capiat rendered, and adjudged costs to defendant to be paid from the assets of the estate of the plaintiff’s decedent. The case comes to this Court on writ of error.

The plaintiff’s decedent suffered fatal…