Vail v. Graham

Mr. Presiding Justice Shurtleff

delivered the opinion of the court.

This was an action of case brought under the Injuries Act, Cahill’s St. ch. 70, if 1 et seq., by the administrator of the deceased for damages for the death of a nine-year-old boy, killed by the automobile of the appellee, driven by him.

The declaration consisted of two counts, the first count charging that the death was caused by the negligent driving of the appellee, and alleges due care on the part of the deceased; the second, or additional count, contains the same averments as the first, and the additional averment of due…