Allen, Admr. v. Silverman

Opinion by

Mr. Justice Drew,

Walter Allen, a child five years and seven months of age, was struck and fatally injured by a heavy metal cylinder on the property of defendant, William H. Silverman, who was trading and doing business as Midland Ice and Products Company. Two actions in trespass were instituted by his father, Guy Allen, as administrator, one under the “death” statutes, 1 and the other under the “survival” statute. 2 The cases were consolidated and tried together and verdicts were rendered for plaintiff. After defendant’s motions for judg ment n. o. v. and a new trial were refused,…