Ward Brothers Co., Inc. v. Zimmerman, Admx.

Action by appellee, as administratrix of the estate of her deceased husband, to recover damages for his death, alleged to have been caused by appellant’s negligence. Complaint in one paragraph was answered by denial. Trial resulted in a verdict and judgment for $10,000.

Action of the court in overruling motion for new trial is assigned as error.

Facts alleged in the complaint, and in support of which there is some evidence, are: That, at the time of his death, appellee’s decedent was a teamster fifty-nine years of age, with an earning capacity of $1,200 per year; that at 5:50 o’clock on the…