Montrose v. Nelson

MADDEN, District Judge.

This is an action by the Administrator for the wrongful death of Conrad A. Mont-rose, resulting from an autom'obile collision wherein it was alleged that the defendant, Melvin E. Nelson, was the driver of the automobile in which the decedent was a passenger, on June 1'4, 1946, at Norfolk, Virginia.

The case was tried by the court and a jury and at the conclusion of all of the testimony the court granted the defendant’s motion and dismissed the case against the named defendant because the plaintiff had not sufficiently carried the burden of proof which was legally his to…