Staples v. Spence

*361This writ of error brings under review the action of the trial court, sustaining a motion to strike plaintiff’s evidence at the close of his case.

Plaintiff, with two other guests, was riding north on Elm avenue in Portsmouth in a Chevrolet coach operated by J. R. Wood. The time was 1:15 a. m., November 13, 1940. These men were going home from work at the Dry Dock Associates, Norfolk Navy Yard. As the automobile crossed the intersection of Elm avenue and Lincoln street, it was struck by a westbound Pontiac sedan owned and operated by the defendant, Gene Spence.

Elm avenue runs north and south…