Morningside Hospital & Training School for Nurses v. Pennington

This is an action for the alleged wrongful death of Edgar Pennington, who was 21 years of age at the time of his death. The action was instituted by the defendants in error, as the next of kin of deceased, hereinafter referred to as plaintiffs, against plaintiff in error, hereinafter referred to as defendant. Demurrer to plaintiffs’ evidence was sustained and a verdict directed in favor of defendant. Thereafter, plaintiffs’ motion for a new trial was filed, sustained, and a new trial granted. This appeal is from the order granting a new trial. The decisive question in the case is whether or…