Mahin's Adm'r v. McClellan

Opinion of the Court by

Judge Cammack

Reversing’-

The appellant, Lincoln Bank & Trust Company, administrator with the will annexed of the estate of Jessie Mahin, deceased, is-appealing from a judgment- on a verdict where the jury was peremptorily instructed to find for the appellee, Joseph McClellan. The appellant brought the action against the appellee to recover damages for the alleged wrongful death of Jessie ‘Mahin. In urging reversal it is insisted that (1) the case should have been submitted to the jury on the question as to whether or not McClellan was so intoxicated as to be unable…