Waterman

The appeal is from a judgment in favor of plaintiff and from an order denying the motion of defendant for a new trial in the action by the father to recover. damages for the loss of earnings of an infant son who was killed by an electric car operated by servants of the defendant corporation. The complaint alleged that the death of the child was caused by the negligence, wantonness, and willfulness of the servants of defendant and that the defendant neglected to equip the car with proper or adequate brakes and that “said defendant carelessly and negligently permitted said car to become and remain out of repair in that the brakes thereon had become weakened and unserviceable so that said car could not be stopped with reasonable certainty or celerity.” The material allegations of the complaint were put in issue by the answer, and contributory negligence was also set up.

The contentions of appellant may be reduced to three: 1. The verdict is not supported by the evidence; 2. The court misdirected the jury to the prejudice of appellant; and, 3. The court erred in refusing certain instructions requested by defendant.

As to the first of these it is insisted that there was no…