Smith v. Collins

SIMS, Justice.

Plaintiff, J. M. Collins, as administrator of his son, Caleb Collins, brought this action to recover $25,000 damages to the' estate of his decedent, whose death he aver*40red was caused by the negligence of C. W. Smith, doing business as Smith Motor Company, and two of his employees, Orville Smith and Clarence Walker. The answer denied negligence by the defendants and pleaded contributory negligence on the par.t pf Caleb. The trial resulted in a verdic.t for plaintiff in the sum of $8,000, and the three defendants appeal.

Two grounds are relied upon for reversal: 1. A verdict should…