Cervantes v. MacO Gas Co.

Plaintiffs, Hermila Cervantes and Paul Cervantes, husband and wife, commenced an action to recover damages for the alleged wrongful death of their adult son, Alex Cervantes, who died as a result of monoxide poisoning. The jury brought in a verdict in favor of the wife, Hermila, but adverse to the husband, Paul. Defendant, Maco Gas Company, made a motion for a new trial which was granted on the ground that the court had committed error in instructing the jury that any contributory negligence of Paul was not to be imputed to Hermila and in refusing to instruct the jury that any contributory…