Kemock v. the Mark II

This appeal is before the court from a ruling of the court below directing a verdict in favor of the defendant-appellee, The Mark II, in a wrongful death action.

The complaint alleged that the plaintiff-appellant is the duly appointed administrator of the estate of the decedent, Timothy C. Woernley, who died on May 8,1974. The appellee corporation is alleged to have been at all times relevant hereto a restaurant wherein intoxicating liquors are sold to the public. The gravamen of appellant’s complaint is as follows:

“3. On the 8th day of May, 1974, the decedent, Timothy Woernley, entered said…