Applegate

Late at night on the twenty-sixth day of November, 1926, Helen G. Munns was killed in an automobile collision. Later this plaintiff was granted letters of administration and commenced this action against the defendant to recover damages in favor of the heirs of the deceased. The defendant answered and a trial was had before the trial court sitting with a jury. The jury brought in a verdict in the sum of $151. From a judgment entered thereon the plaintiff has appealed and has brought up typewritten transcripts.

In her brief the plaintiff contends that the trial court erred in instructing the jury on the subject of damages. Among others the court gave an instruction as follows : “The court instructs the jury that the plaintiff cannot recover more than $150, plus nominal damages, and nominal damages have been spoken of as a trifling sum such as one cent, a few cents, or a dollar.” If that instruction was properly given, the judgment should be affirmed. Otherwise it should be reversed. In this connection the defendant ■ contends that the evidence in the record showed that no one of the heirs of the decedent nor all of them were entitled to recover anything, that is, that the evidence…