Besonen v. Campbell

Plaintiff counts in his declaration as amended on both the survival act and the death act. Deceased was his son under the age of 18 and was employed by defendant, it is alleged, in a hazardous employment contrary to the provisions of section 11, Act No. 206, Pub. Acts 1923. In answer to a special question, the jury found that deceased died instantaneously, although the judgment entry recites that the jury found defendants “guilty in manner and form as the plaintiff in his declaration in this cause has complained.” Defendants’ counsel insist that the judgment so entered is incongruous; that…