Benjamin v. Davidson-Gulfport Fertilizer Co.

Appellant brought this action against appellee on behalf of herself and her seven minor children for damages for the death of her husband, Herbert Benjamin, alleged to have been caused by appellee’s negligence while he was engaged in appellee’s service. At the conclusion of appellant’s evidence, the court, on motion, directed a verdict in favor of appellee; judgment was accordingly entered; from which judgment appellant prosecutes this appeal.

The declaration is in two counts. Both counts charge that the1 deceased, with others, was employed by appellee to unload a car of phosphate rock dust…