Coffeyville Vitrified Brick Co. v. Zimmerman

The opinion of the court was delivered by

Smith, J.:

This was an action for damages by the plaintiffs below, the father and mother of Arthur Zimmerman, who was killed by the falling of an embankment under which he was at work while in the employ of plaintiff in error. The action was brought under section 418, chapter 95, General Statutes of 1897 (Gen. Stat. 1899, § 4686), and there was a verdict and judgment for plaintiffs. One of the instructions given by the court to the jury, over the objection of plaintiff in error, was as follows :

“ Your answers and findings should be consistent each with…