Herdt v. Darbin

Plaintiff Herdt sought judgment,against Darbin, as administrator of the estate of Charles Darbin, deceased, based on asserted negligence in connection with a collision between the car of Charles Darbin and one owned and operated by plaintiff. Upon trial, the jury brought in its verdict for the defendant and judgment was entered thereon.

Reversal is sought, based on asserted error in the failure of the trial court to sustain motion of plaintiff for directed verdict and in the giving of certain instructions to which objections were interposed.

Plaintiff testified that on the morning of the…