Harvey v. Cole

The opinion of the court was delivered by

Hoch, J.:

This is an appeal from a judgment for the defendant in an action to recover damages for the wrongful death of a nine-year-old boy. The only errors assigned relate to the court’s instructions to the jury.

In order to avoid a lengthy transcript of the testimony the parties agreed upon a statement of the facts developed at the trial. A shortened summary of the facts, taken from the stipulation, will suffice for our purposes. On October 16, 1941, Mrs. L. A. Boley, who lived south of Berryton, Kan., went to Berryton in her car to *240get her two sons…