Burnette v. McDonald

The primary issue presented, in this action for wrongful death, is whether the testimony of a thirteen-year-old boy was sufficient to support the verdict and the judgment for the plaintiff. The plaintiff’s case depended on his testimony. The defendant says that it was inconsistent and incredible, and therefore insufficient.

The defendant asks that the plaintiff’s judgment for $16,000 be reversed and final judgment for the defendant be entered here. In the alternative, he seeks a reversal and remand because of the erroneous instruction to be discussed.

The plaintiff’s decedent, Calvin Ray…