Ebeling, Admx. v. Harman, Admx.

This is an appeal on questions of law from the Court of Common Pleas. The action was one for damages for wrongful death brought by the administratrix of the deceased, under Section 10509-167, General Code. A jury trial was had which resulted in a verdict for the plaintiff, appellee herein, for the sum of $4,000.

In an attempt to comply with the provisions of the Code, the petition contains the following allegation:

"Plaintiff says that her decedent died leaving Anna Ebeling, his mother, a dependent, and that by reason of his wrongful death resulting from the negligence of defendant's decedent,…