Modlin v. Consumers Cooperative Ass'n.

The opinion of the court was delivered by

Parker, J.:

This is an appeal by the Consumers Cooperative Association and its insurance carrier, American Fidelity Casualty Company, Inc., from a judgment rendered against them for damages on a verdict returned by a jury in an action instituted by F. Eva Modlin, as administratrix of the estate of Clarence C. Modlin, a deceased railroad engineer, under the wrongful death statute (G. S. 1947 Supp. 60-3203, now G. S. 1949, 60-3203).

The pleadings on which the cause was submitted to the jury can be summarized briefly. For the moment all that need be said…