Oviatt v. Camarra

This is a statutory action to recover damages for the death of a four-year-old child, Elaine Oviatt, alleged to have been caused by the negligent operation of an automobile by the defendant. The plaintiff is Elaine’s mother, and she sues as administratrix of her deceased child’s estate. Mrs. Oviatt and her husband are the sole heirs at law of the decedent, and recovery is sought for the benefit of the estate. OES 30.020. A jury returned a verdict for the defendant, and from the consequent judgment the plaintiff has appealed.

Defendant’s answer alleges that the child’s mother was guilty of…