DeLOSIER v. Metcalf

Dell, Chief Judge.

The plaintiff, as trustee for the heirs of the decedent, 1 seeks to recover damages for tbe death of Ms four and one-balf year old son, alleging that tbe death was caused by tbe negligence of tbe defendant. There was a verdict for tbe defendant and plaintiff appeals from an order denying bis motion for a new trial.

On November 9, 1953, tbe decedent made certain purchases at a small corner grocery store in a residential area in Minneapolis. Two or three minutes after be left tbe store, tbe defendant, an electrical inspector employed by tbe city of Minneapolis, entered tbe…