Henry Stuber, as Administrators v. James D. McEntee, Respondent

Summary

The Court of Appeals reversed the lower court's non‑suit and ordered a new trial. It held that the $400 receipt was not a settlement bar to the statutory wrongful‑death action and that the question of the deceased's contributory negligence was for the jury, not a matter of law. Accordingly, the non‑suit was improper.