Hodge v. Hamilton

This is an action to recover damages for the wrongful death of plaintiff’s intestate, Arthur Hodge. The deceased was knocked down and run oyer by the Dodge automobile of the defendant, and died within a few hours without ever having regained consciousness.

Upon the conclusion of the introduction of testimony the trial court directed a verdict for the defendant. Up • on appeal the judgment of the trial court was affirmed by the Court of Appeals. The lower courts were of the opinion that the negligence of the parties was concurrent, thus barring a recovery.

The allegations of the declaration as…