Baker, Adm'r v. Richardson

Linwood Baker, administrator of the estate of Varalie Baker, sued Richardson for the wrongful death of his decedent, a five-year-old child, who was struck and killed by an automobile driven by Richardson.

The trial resulted in a verdict for the defendant. Plaintiff moved for a new trial on the grounds that the verdict was contrary to the law and the evidence and that the jury had been improperly instructed. The motion was overruled and over the objection of the plaintiff judgment was entered on the verdict. We granted a writ of error.

The court’s ruling on instructions constitutes the errors…