Witt v. Merricks

Obadiah R. Merricks, plaintiff, instituted this action against John Taylor Brown to recover damages for personal injuries suffered as a result of the alleged negligence of Brown in the operation of his automobile. Brown died prior to trial, and C. P. Witt, the duly appointed administrator of his estate, was substituted as the party defendant in Brown’s stead. A jury trial resulted in a verdict for the plaintiff in the amount of $40,000. Judgment was entered on the verdict and defendant is here on a writ of error.

Defendant contends that the trial court erred (1) in granting instruction A; and…