Schaff v. Shepherd

WILLSON. G. J.

(after stating the facts as above). All but 2 of the 12 assignments are predicated upon, the action of the court in admitting testimony offered by appellee and rejecting testimony offered by appellant.

Whether, if the child was made sick by exposure to cold he was subjected to while on the train, such sickness was the sole proximate cause of his death, or neglect on the part of appellee to properly care for him afterwards was also a cause thereof, were issues in the case.

Appellee’s witness Wilbanks, a physician, treated the child during his illness. A hypothetical question…