Ehrlich v. Merritt

DAVIS, Circuit Judge.. The defendant has appealed from a judgment for the plaintiff entered in the District Court on a verdict of the jury. The plaintiff sued the defendant to recover damages sustained in the death of her husband, Ralph Merritt, who died as a result of injuries in an automobile accident allegedly caused by the negligence of the defendant’s intestate, Herbert Ehrlich, who also died as a result of the accident. Ehrlich, in fact; predeceased Merritt.

Two questions arise out of this appeal. The first one is whether or not the evidence produced at the trial supports the alleged…