Remmers' Ex'r v. Mayhugh

Opinion op the Court by

Morris, Commissioner

Affirming.

Action below was by appellant to recover damages for tbe death of Mrs. Rose Remmers, at the time about seventy-two years of age, caused, it was charged, by the negligence of appellee while driving his automobile. Issue was joined by answer in general denial, a plea of contributory negligence and reply in denial. Nine of the jury signing, returned a verdict for defendant and judgment was entered accordingly.

•On appeal it is urged that the court erred in refusing peremptory instruction for appellant at the close of all evidence, because…