Kelch's Administrator v. National Contract Co.

Opinion op the Court by

Judge Thomas

Affirming.

By tbis suit tbe appellant, administrator of Allie Kelch., seeks to recover from the appellee, (defendant below) damages accruing to the estate of the deceased because of his death, which is charged to have been produced through the negligence of the defendant. The negligence-relied on was traversed by the answer, which also contained defensive pleas of contributory negligence and assumed risk, both of which were denied by a reply, thus forming the issues.

At the close of plaintiff’s testimony the court sustained defendant’s motion for a peremptory…