Scott-Huntington v. Pearson

Lawrence, C. C. J.

This was a suit under the Death act tried before the court and a jury at the Somerset Circuit. A verdict was returned in favor of plaintiff for the sum of $4,425. Defendants took out the present rule to show cause and argued for a new trial on the ground that the verdict was contrary to the weight of the evidence, both as the issue of negligence and contributory negligence, and that the amount of the award was excessive..

The cause of action involved the death of a boy about ten years of age, as the result of being struck by an automobile owned by the defendant Pearson, in…