Mays v. Worthham

This appeal is from an order granting defendant’s motion to dismiss the complaint at the close of plaintiff’s case during a jury trial. Plaintiff administrator had brought an action under the wrongful death statute of New Jersey to recover damages for pecuniary loss and also for the pain and suffering of the deceased Mary Louise Mays, who was killed when an automobile owned by defendant Davis and operated by defendant Wortham collided with a telephone pole on Route 6 in New Jersey.

At the time of the accident there were four persons in the automobile, the driver and decedent in the front seat…