MacK v. Precast Industries, Inc.

TMs is a suit under the survival act and the wrongful death act, for injury and death of plaintiff’s decedent. Prom verdict and judgment of no cause for action for defendant SMnville, plaintiff appeals. No appeal is taken from dismissal as to the other 2 defendants.

Defendant’s negligence and contributory negligence of plaintiff’s decedent were placed in issue by the pleadings. Plaintiff says “the charge of the court is the sole matter on review.”

The first claim of error relates to the statement in the court’s charge that for the plaintiff to recover the jury must find that the decedent “was…