Cockerham v. Potts

We will first consider the appeal of the Loretts. At the appropriate stages of the case, counsel for the Loretts moved for a judgment of involuntary nonsuit and for a directed verdict in favor of the Loretts, for the reason, first, that it appears that plaintiff has no capacity to sue and the court has no jurisdiction, since it appears there was no administrator appointed until after the complaint was filed; second, that the complaint fails to state facts sufficient to constitute a cause of action against the Loretts on the ground of gross negligence; third, that plaintiff failed to introduce…