Allen, Admr. v. Burdette

The various asserted prejudicial errors upon which this appeal is predicated arise out of one question and the determination of this case rests entirely upon the answer to that question, that is, whether in an action brought by an administrator under the survival statute (Section 11235, General Code) to recover damages for personal injuries to plaintiff’s decedent, who died as a result of such injuries, evidence of decedent’s prospective earnings, had he lived the period of normal expectancy as shown by mortality tables, is admissible.

The trial court answered that question in the negative and…