Smith v. Leuthner

The plaintiff, as administrator of the estate of Lawrence Smith, brought this action claiming damages for the death of his decedent, alleged to have been caused by the negligence of the defendants. The case was submitted to the court on the pleadings, a stipulation of facts, certain pictorial exhibits, and such other facts as the court may have found on a view of the areas in which the significant events occurred. The court rendered judgment for the defendants, and the plaintiff appealed. The plaintiff’s basic claim is that, as matter of law, the trier was compelled to conclude from the…