Mundy v. Marshall

This is an appeal by the plaintiff in an action for damages for the wrongful death of her husband and is taken from a judgment entered in pursuance of a directed verdict for the defendants and from an order denying her motion for a new trial. The case was taken over on petition for hearing after decision by the District Court of Appeal for the purpose of giving further consideration to the question of whether the testimony of the plaintiff’s witness Nix overcomes the presumption, established by subdivision 4 of section 1963 of the Code of Civil Procedure, that “a person takes ordinary care of…