Krahn v. LaMeres

Phil Krahn, as administrator of the estate and personal representative of Theodore J. Hon, Jr., deceased, brought action against defendants for deceased’s wrongful death while a passenger in an automobile owned by Beulah LaMeres and driven by her son, Floyd Ellsworth LaMeres. Defendants denied generally, asserting that decedent was a guest in the LaMeres car, and alleged affirmatively the deceased’s contributory negligence and assumption of risk. The cause was tried to a jury and at the conclusion of plaintiff’s case in chief defendants moved for an instructed verdict on the grounds that…