Boyce v. Cities Service Oil Co.

Plaintiff Garrison Boyce, Sr., brought this suit as administrator of the estate of his son Garrison Boyce, Jr., to recover damages for the death of his said son alleged to have been caused by “concurrent” negligence of the defendants. At the jury trial the defendants moved for a directed verdict at the close of plaintiff’s proofs, and again at the close of all the proofs, on the ground that the plaintiff had failed to prove them guilty of any negligence. The court reserved decision and submitted the case to the jury, resulting in a disagreement. Defendants renewed their motions and also moved…