Branson v. Abernathy Furniture Co.

This is an action in two counts, one for $25,000 damages for plaintiff's personal injuries, and the other for statutory damages for the death of plaintiff's wife. The case was submitted solely upon humanitarian negligence. The jury found for defendant and plaintiff has appealed.

Plaintiff assigns as error the giving of certain instructions for defendant. However, defendant contends that it is immaterial what instructions were given because plaintiff failed to make a jury case under the humanitarian rule. We will, therefore, first state the facts which the evidence tended to show view most…