Banker v. McLaughlin

James McLaughlin brought this suit against H. F. Banker to recover damages for the death of his minor son (five years and ten months old). The trial court awarded judgment in plaintiff’s favor on the jury’s verdict for $15,200.00. The Court of Civil Appeals, under the view that the award was excessive, caused a remittitur to be filed which reduced the judgment to $6,000.00. 200 S. W. (2d) 699. The case is here on Mr. Banker’s application for the writ.

The child met his death on June 19, 1945, by drowning in a large hole, or pit, of water on Forest Park Subdivision, a home-site addition which…