Kurn v. Cochran

This is an appeal from a judgment of the district court of Muskogee county granting the defendants in error, plaintiffs below, a new trial after the ease had been submitted to the jury under instructions from the court and the jury had returned a verdict for the plaintiffs in error, defendants below. For convenience the parties will hereafter be referred to as they appeared in the trial court.

This action was begun by the plaintiff, as next friend of Elsie and Ernest Cochran, minors, to recover damages for the alleged wrongful death of their uncle. The petition alleged a public custom in the…