Gavurnik v. Miller

This is an action to recover damages for the wrongful death of Stefan Gavurnik, a boy 16 years of age. The original complaint consisted of two counts. At the conclusion of all the evidence, the first count was withdrawn from the consideration of the jury and the case went to the jury upon the issue made by the second count and the answer thereto, resulting in a verdict in favor of the plaintiffs and against the defendant for $4,000, upon which judgment was rendered, and the record comes to this court for review by appeal.

The second count charged that on August 15, 1934, Stefan Gavurnik, then…