Knox v. Schomaker

This is an action for wrongful death instituted by an administratrix against her intestate’s former employer. The petition sought recovery on two counts, one for pecuniary loss, the other for conscious pain and suffering. The jury returned a verdict on the first cause of action fixing plaintiff’s recovery at $10,000, but allowed no recovery on the second cause. Judgment was rendered accordingly, and defendant alone appeals.

A number of errors are assigned, but on reviewing the record we find it necessary to consider only the one challenging the sufficiency of the evidence to establish primary…