Geo. E. Wood Lumber Company v. Addie P. Gipson by Her Next Friend

SHACKLEFORD, J. -- An action was brought by the defendant in error against the plaintiff in error, seeking to recove damages for the death of her husband, which is alleged to have been occasioned by the negligence of the defendant corporation. The declaration contains three counts and is quite lengthy. Pleas of not guilty, that the injury was occasioned by the negligence of the plaintiff, contributory negligence of the plaintiff, and assumption of risk by the plaintiff were filed, upon which the plaintiff joined issue and the case was tried before a jury. Such trial resulted in a verdict and judgment in the plaintiff's favor for the sum of $5,000.00, which judgment the defendant seeks to have tested here by writ of error. A number of errors are assigned, some of which are abandoned