Malcolm v. American Service Co.

Kenna, President:

To a judgment for $10,000.00 rendered on the tenth day of July, 1936, in the Circuit Court of Mercer County in favor of G. D. Malcolm, administrator of the estate of Walter Malcolm, deceased, in an action for death by wrongful act, American Service Company, E. B. Clark and Howard Johnson prosecute this writ of error.

The assignments of error hinge upon three questions of law that arise upon the record: (1) That the proof fails to show negligence such as will sustain a verdict against any of the defendants; (2) that supposing the record is sufficient to sustain a verdict…