Smiley v. Reid Ice Cream Corp.

This case is before us on a defendant’s rule to show cause. The action was brought under the statute to recover, damages for the death of a child. The case was tried at the Hudson *83Circuit. The jury returned a verdict for the plaintiff in the sum of $5,000. Application was made by the defendant Eeid Ice Cream Corporation to the trial judge for a rule to show cause, which he denied. Later, application was made to this court by the same defendant. The rule was granted.

The plaintiff’s intestate, Winifred Demarest, was killed by a truck of the Eeid Ice Cream Corporation on August 22d, 1925.…