Henry v. S. Liebovitz & Sons, Inc.

Opinion by

Mr. Justice Linn,

June 30, 1933:

Defendant appeals from judgment for plaintiff for the death of her son, killed in a motor accident. As a new trial must be granted, we shall not discuss appellant’s contention that its motion for judgment n. o. v. should have been allowed for want of negligence and because decedent’s negligence contributed. We are satisfied that, on the record presented, those questions were for the jury. But there was harmful error in not refusing plaintiff’s first point for charge. We shall refer only to evidence necessary to a consideration of that question.

Between…