Smith's Adm'x v. Honaker

Opinion of the Court by

Judge Sims

Affirming.

Mrs. Roma Smith, administratrix of the estate of her deceased husband, Eli Smith, instituted this action against Phillip Honaker and Weldon Wolford, partners engaged in the lumber business, for $25,000 damages to her decedent’s estate by reason of the alleged negligence of appellees, their agents and servants, in causing his death. At the conclusion of appellant’s evidence the court directed a verdict for appellees and from the judgment entered thereon this appeal followed.

' Eli Smith was killed on Nov. 11, 1944, by a falling tree when cutting timber…