Derboven Ex Rel. Derboven v. Stockton

DIXON, Judge.

This case, written on reassignment, involves an appeal from a judgment in a death action against the landlord defendant and a cross appeal by the plaintiff from a judgment in favor of the tenant defendant. The appeal involves complex issues both procedural and substantive which can best be presented against the detailed background both factual and procedural.

The trial of this wrongful death action in the court below resulted in a jury verdict of $15,000 in favor of plaintiffs against Elbert H. Stockton and Ruth M. Stockton, defendants and lessors of the Randolph Tavern where the…