Neville v. . Bonsal

Civil action. These issues were submitted to the jury:

1. Was the plaintiff's intestate killed through the negligence of the defendants, as alleged in the complaint? Answer: Yes.

2. Did the plaintiff's intestate assume the risk, as alleged in the answer? Answer: No.

3. What sum, if any, is the plaintiff entitled to recover? Answer: $1,300.

From the judgment rendered, the defendants appealed. The motion to nonsuit was properly overruled. The evidence tends to prove that the plaintiff's intestate was employed by the defendants at work in a gravel pit, and was killed by the (219) dirt piling up over…