Foley's Adm'r v. Witt

Opinion of the Court by

Stanley, Commissioner

Affirming.

About 8 o’clock in tbe evening of May 23, 1940, at a railroad underpass near Irvine, there was a collision between a passenger automobile, driven by Ross C. Foley, 21 years of age, and a farm truck owned by George Witt, being driven by Cecil McIntosh. Foley was killed in the accident. The administrator of his estate brought this suit for damages against Witt and he counterclaimed for $550 damages to his truck. The verdict was as follows :

“We the jury agree to find in favor of the plaintiff nothing and also find for the defendant nothing…