Nichols v. Grunstein

The opinion of the court was delivered by

Trenchard, J.

This suit was brought under the Death act (Comp. Stat., p. 1907) to recover the loss sustained by the next of kin in the death of Catharine Nichols, a little girl “about seven years old,” who was run over and killed by a motor truck belonging to the defendant. The jury rendered a verdict in favor of the plaintiff, and from the judgment entered thereon the defendant has appealed.

The first ground of appeal is that the judgment should be reversed because of error on the part of the trial court in refusing defendant’s motion to .nonsuit. This…