Milburn v. Rager

CULLEN, Commissioner.

The administrator of the estate of Thomas Milburn, deceased, brought action against Martha Rager to recover damages for the wrongful death of Milburn, alleged to have been caused by Mrs. Rager’s running into him with her automobile. The jury returned a verdict for the defendant and from the judgment entered on that verdict, dismissing the action, the administrator has appealed.

The appellant maintains that the trial court erred in admitting certain evidence bearing on the decedent’s earning capacity and state of health, and in giving an instruction on contributory…