Stauffer v. Railway Express Agency, Inc.

Opinion by

Mr. Justice Allen M. Stearns,

A young boy was killed in an accident. The parents claim that he was struck by defendant’s truck as a result of the driver’s negligence. The claim is opposed by defendant on the ground that there is not sufficient evidence to support it. The jury rendered a verdict for the administrator of $3,742.85 under the “Death” Act, and $17,000 under the “Survival” Act.

The rules prescribing the measure of proof required to establish negligence have been frequently stated; the difficulty is in their application. It is not enough to show merely that an accident…