Auer v. Sinclair Refining Co.

The opinion of the court was delivered by

Trenchard, J.

The plaintiff below obtained a verdict against both defendants for damages to compensate her and her children, as the next of kin of Gustave S. Auer, for his wrongful death, which occurred on February 13th, 1925, when struck by an automobile driven on a public highway by the defendant MacLaehlan, while in the employ of the defendant Sinclair Refining Company.

This appeal is by both defendants from the judgment entered upon such verdict.

The first point requiring notice is that the trial judge erred in refusing to nonsuit and to direct a…