Millen v. Miller

Opinion by

Hoffman, J.,

In this appeal, we must decide whether the trial court erred in its charge to the jury and in failing to caution the jury against considering certain of defense counsel’s remarks in closing argument.

The instant matter arises from a wrongful death and survival action instituted by the administrator of minor-decedent’s estate. On April 30, 1970, between 8:30 and 9:00 p.m., plaintiff’s decedent, Wyatt Millen, age 13, left his home to buy milk for the family. He walked in a westerly direction on the north side of Route 443 in Mahoning Township, Carbon County. There were no…