Levizon v. Harrison

The present action sought damages for alleged wrongful death. On February 10, 1959, the decedent went to the defendant’s premises to purchase an automobile part; the part, a universal joint, had to be removed from an abandoned automobile, a 1950 Plymouth. It was necessary for decedent to get under the Plymouth • while under the car and after it had been jacked up, the car fell on him and he was killed. The complaint was in two counts: The first being predicated on negligence, the second on wanton and reckless misconduct. A motion for nonsuit was granted as to count two; thereafter the cause…