Kinsler v. Simpson

This is a suit under the survival act (3 Comp. Laws 1929, § 14040) brought to recover damages incident to the death of plaintiff’s daughter. He obtained a judgment for $3,000. Defendants have appealed and urge two grounds for reversal. First, that no negligence for which defendants are responsible was established, and, second, that the damages awarded were excessive.

The defendants are father and son; the former the owner, and the latter the operator, of the automobile which caused the death of plaintiff’s decedent. About eight o’clock in the evening of August 1, 1928, Thomas Simpson, Jr.,…