Morris Ex Rel. Morris v. Musics

The opinion of the court was delivered by

Fatzer, J.:

This case resulted from the death of the plaintiff’s infant child who was fatally injured when run over by the appellant in his automobile. Damages were sought under the provisions of the wrongful death statute (G. S. 1949, 60-3203). Following trial by a jury, the trial court approved a verdict in favor of the plaintiff for $5,000 and rendered judgment thereon. The defendant filed motions for a new trial and for judgment notwithstanding the verdict which were overruled, and this appeal was timely perfected.

The plaintiff commenced this action…