State Ex Rel. Mitchell v. Jones

This is a suit under Lord Campbell’s Act for death by automobile, on behalf of the widow and child of the victim (Mitchell) against the owner (Jones, appellee) and the driver (Williams, appellee) of the truck in question. The case was tried before the court without a jury. From a judgment on verdict for Jones, and for the plaintiff for $10,000 against Williams (who is evidently judgment proof), the plaintiff appeals.

Judge Niles in his opinion says the case was “tried over three days and tried thoroughly.” Though the decision below is reviewable on both the facts and the law, the facts as to…