Pietrantonio v. Tonn's Estate

In action for personal injuries the court held the cause of action proved as a matter of law and submitted to the jury only the matter of damages. Plaintiff had judgment for $7,448. This review involves questions of probate practice and claimed errors on the trial.

It is plaintiff’s case that he, Hosting and Mayotte were riding in an automobile owned and driven by Emil Tonn, since deceased; they approached a car going in the same direction and which could be seen a quarter of a mile away; Tonn drove at a speed of 40 to 50 miles per hour at and within 10 feet of the car ahead; plaintiff warned…