Doster v. Binghamton Gas Works

This was an action in negligence. Plaintiff Donald Doster also sued for loss of his wife’s services. The defendant on the trial moved for a dismissal of the complaint on the ground plaintiff had failed to establish a prima facie case. Decision was reserved and the issues submitted to the jury. The jury disagreed and defendant has moved for a ruling on its motion.

On a determination of such motion the plaintiff must be given the benefit of the most favorable inferences that can be drawn from the testimony. It appears from the evidence that plaintiff, Cora Doster, became ill on September 24,…