Martino v. Rotondi

Rrrz, Judge:

This suit was instituted to recover damages- for the alleged wrongful death of plaintiff’s decedent. The judgment below was in favor of' the- defendant, and the plaintiff prosecutes this writ of error.

There is no substantial controversy developed by the evidence as to any material fact involved in the case. The defendant was the owner of a house and lot situate on the east side of Marshall Street, in the city of Benwood. The front of the defendant’s lot was some four feet higher than the sidewalk abutting the same, and the elevation of the rear of the lot was still higher. In…