Rector v. Roberts

The appeal presents these questions: (1) Is the evidence sufficient to permit a finding that the negligence of the driver proximately caused Rector’s death? If so, the court should not have allowed Roberts’ motion to nonsuit. This is true because Roberts, by his answer, admitted the 1959 Chevrolet was maintained by him as a family purpose car, and was on the night in question being used for that purpose by Donald; Ball was operating the vehicle when the wreck occurred; Donald was an occupant of the vehicle at that time. These judicial admissions sufficed as to Roberts and Donald’s estate to…