MIDDLETON, J.
This is an appeal on questions of law from a judgment entered by the Court of Common Pleas of Marion County in an action for the wrongful death of McClellan Miller, brought by the administrator of his estate.
Upon trial, the jury returned a verdict for the defendant and final judgment for the defendant was rendered. It is from such judgment that appeal is prosecuted to this court.
At the time of the collision the plaintiff's decedent...
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