Averdieck

The plaintiffs, being the surviving widow and children of Richard Averdieck, deceased, recovered a judgment of four thousand dollars for the death of said deceased, caused by the negligent operation of an automobile driven by the defendant. The defendant appeals from the judgment upon the ground that the evidence is insufficient to prove that the negligence of the defendant resulting in injuries to the deceased was the proximate cause of the death of said deceased and upon the further ground that the amount of the verdict is excessive.

The accident to the deceased occurred October 13, 1921, and the death occurred on May 27, 1923, about nineteen and one-half months later. The deceased was at the time of his death sixty-three years old and the cause of his death according to the testimony and death certificate, was eardia vascular renal disease.

The appellant’s argument is scracely distinguishable from an argument upon the weight of the evidence. Appellant emphasizes the quality and directness of the expert witnesses called on behalf of the defendant without printing the expert testimony opposed to them. The respondent, in reply, quotes the testimony of a physician who testified…