Moses v. Mathews

Action for death by wrongful act. Plaintiff recovered a verdict and judgment for $1,500, and defendant appeals. Tbe plaintiff is tbe administrator of tbe estate of bis deceased wife, Etta L. Moses. He sues for tbe benefit of himself, and tbe mother of deceased, as next of kin. Tbe action was originally brought against Dr. Mathews, Mrs. Mathews and Barber. It was voluntarily dismissed as to Mrs. Mathews. Tbe court by a peremptory instruction directed tbe jury to return a verdict in favor of Barber, cm tbe ground that he was a minor when tbe transaction occurred.

Tbe petition charges negligence…