Barney v. Magenis

The plaintiff has a verdict in an action brought *271to recover damages for the conscious suffering and death of her intestate, Dr. Willis O. Barney. It is admitted in the defendant’s bill of exceptions that there was evidence of the intestate’s due care, and (independently of any evidence excepted to) that his injury and death were due to the negligence of Herbert H. Shuman in operating an automobile owned by the defendant.

1. It is argued that the motion for a directed verdict should have been granted, on the ground that the evidence did not warrant a finding that Shuman was engaged in the…