Moberly v. Flynn

SIMS, Justice.

Everett Moberly was struck and killed by a truck owned and driven by appellee, H. B. Flynn. His widow, as administratrix of his estate, in this action sought to recover $35,000 damages for his wrongful death. The petition averred Moberly’s death was caused by Flynn’s negligence. The answer was a general denial followed by a plea of contributory negligence. At the conclusion of all the evidence, the court sustained ap-pellee’s motion ‘for a directed verdict, and the sole question for our determination is whether or not there was sufficient evidence to take the case to the jury.

The…