Avery v. . Palmer

This action was to recover damages for alleged negligence on the part of defendants, causing the death of plaintiff's intestate.

There were also allegations in the complaint that plaintiff's intestate's death was caused by the false and fraudulent representation on the part of said C.C. Perry as agent of defendant as to weight of a certain tombstone which the intestate undertook to haul and, in doing so, came to his death.

Defendants answered, denying liability. On motion made in apt time, there was judgment of nonsuit and plaintiff excepted and appealed. There was evidence on the part of…