Salter v. Keller

The surviving husband and children of Charlotte Salter sought damages by way of this wrongful death action against defendant Richard Keller, driver of the car in which decedent was riding as a guest; defendant Joe Zehrung, driver of the ear which collided with Keller’s car; and defendant Newton Zehrung, owner thereof. Keller was charged with wilful misconduct, and Joe Zehrung with negligence.

After commencement of the trial, the Zehrungs settled. After plaintiffs rested their case, defendant Keller moved for a nonsuit on the ground that plaintiffs had failed to make out a prima facie case of…