Central Quality Coal Co. v. Akers

OSBORNE, Judge.

This is an action by the appellee, Shirlie Gail Akers, as administratrix of the estate of her deceased husband, Ralph Akers, to recover for his wrongful death. The jury returned a verdict for $45,000 upon which judgment was entered. Appellant, Central Quality Coal Company, here asks that that judgment be reversed assigning two principal reasons:

First, there was no showing of negligence upon its part; and, second, assuming that there was negligence the evidence shows conclusively that Ralph Akers was himself also negligent, therefore barring recovery. We are of the opinion the…