Kurdziel v. Van Es

The opinion of the court was delivered by

Wertz, J.:

This was an action for damages for wrongful death (G. S. 1949, 60-3203), brought by plaintiffs (appellees) Mr. and Mrs. Frank Kurdziel, parents and next of kin of their deceased minor son Frank B. Kurdziel, Jr., aged three years, against defendants (appellants) Peter A. Van Es, d/b/a Van Es Electrical Construction Company, and Joe Gildersleeve. From a judgment in plaintiff’s favor defendants appeal.

The petition, so far as material herein, alleged that defendant Van Es was doing business as an electrical construction company, and Gildersleeve…