Gross v. Abston

Rosetta Gross, as widow of George Edward Gross, brought this suit against B. K. Abston to recover damages for the alleged wrongful death of her husband, George Edward Gross. Plaintiff alleged that B. K. Abston killed George Edward Gross “in a wilful, malicious, brutal, and unlawful manner and without any justification, cause or excuse therefor.” The suit is being prosecuted for the use and benefit of the next of kin of George Edward Gross.

Defendant pleaded the general issue; and, also, filed the following plea:

“For further plea to the declaration the defendant B. K. Abston says that at the…