Tolbert v. Gillespie

Elcie Tolbert, administratrix of the estate of her husband, Clifford Tolbert, sued D. M. Gillespie and C. M. Gillespie, partners trading as Coeburn Grocery Company, and David Gross, for damages occasioned by the death of plaintiff’s decedent in an automobile-truck collision. At the time of the accident Tolbert was driving his automobile and Gross was operating the Coeburn Grocery truck.

At the conclusion of the evidence the court sustained a motion to strike, and the jury necessarily returned a verdict for the defendants on which the court entered judgment. This ruling is before us for review.

T…