Dempsey v. Cuneo Eastern, Press Ink Co.

Opinion by

Mr. Justice Simpson,

In this case plaintiff sued on behalf of herself and her minor stepchildren to recover damages for the death of her husband and their father, caused by his being run down by an automobile truck owned by and being operated for defendant. She recovered a verdict and judgment, from the latter of which defendant appeals. The only error asserted is the refusal of the trial judge to instruct the jury to render a verdict for defendant because of an alleged lack of evidence of. negligence on the part of defendant, and of the existence of contributory negligence on the…