Foster v. Willhite

Alice L. Foster, Administrator, and William B. Cummings, Co-administrator, of the estate of Jeremy Foster, deceased, obtained a $35,000 verdict against Dale E. Willhite for the wrongful death of plaintiffs’ decedent. Foster was riding in an automobile owned and operated by Willhite which was involved in an accident. The ver*590diet was set aside by the lower court and final judgment entered for Willhite. At the same time the court sustained the jury’s verdict in favor of a co-defendant, Bernard Gruber.

The decisive question presented is whether the evidence is sufficient to convict Willhite of…