Marshall v. Miller

The opinion of the court was delivered by

MasoN, J.:

A nine-year-old boy was run over by a delivery car of Miller Brothers, receiving fatal injuries. His father, Samuel J. D. Marshall, recovered a judgment against them on the ground that the accident was due to the negligence of their employee, and they appeal.

*707The jury were instructed that they might award damages, among other matters, for sums reasonably expended for medical services and funeral expenses, and the verdict and judgment presumably includes allowances for these items. The sole question presented is, whether the instruction was…