Manning v. Powers

McDONOUGH, Justice.

Plaintiff sued to recover damages for alleged wrongful death of his 11 year old son Robert. From a judgment on a verdict of no cause of action, plaintiff appeals. He contends (1) that the verdict is contrary to the evidence, and (2) that the court erred in the charge to the jury, particularly by over-emphasizing the defense theory of contributory negligence.

In the light of adequate physical evidence as well as testimony which warranted a verdict in favor of defendant, the first contention must be overruled. The fatal accident occurred on October 6, 1947, on Second West…