Haun v. McCabe

Opinion by

Mr. Justice Drew,

This is an appeal from the action of the court below in refusing a new trial, and entering judgment on a verdict for plaintiff, Mary Haun. The suit is in trespass for damages for the death of her husband, Charles Haun, alleged to have been caused by the negligent operation of an automobile by defendant, J. P. McCabe. There are six assignments of error; however, they present but three questions for our consideration.

On March 30,1930, about 8: 30 in the evening, the said Charles Haun, his wife and their two children, were walking four abreast along the highway from…