Ness Creameries v. Barthes

Smith, O. J.,

delivered the opinion of the court.

This is an appeal from a judgment for damages for the death of the appellee’s intestate. The case was tried twice, resulting each time in judgment for the appellees; the first judgment being set aside by the court below. There is both a direct and a cross-appeal; the purpose of the cross-appeal being to have the first judgment reinstated, it being for a larger amount than the second. On the direct appeal, the appellant’s main contention, and if it disappears its others are without merit, is that the court below should have granted its request…