Smith v. Canal Insurance

Stukes, Justice.

The jury returned verdict in favor of the above plaintiff,, now appellant, for five thousand dollars damages for the-alleged wrongful death of his intestate. Code of 1952, Section 10-1951. Upon respondents’ motion the trial court set the verdict aside and rendered judgment for them (the defendants!) notwithstanding the verdict, upon the ground, that appellant’s intestate was guilty of contributory negligence as a matter of law. This appeal followed.

A taxicab, which was owned by the respondent Smith and for the operation of which respondent Canal Insurance-Company had furnished…