Phelan, Admx. v. Edgely

Appellant brought this action against appellee for damages for the wrongful death of appellant’s decedent, alleged to have been caused by appellee in the negligent operation of appellee’s automobile upon a public street in the city of East Chicago, Indiana.

The case was tried to the court and jury, and, at the close of appellant’s evidence, the trial court gave a peremptory instruction, directing a verdict for the appellee.

Appellant seasonably filed her motion for a new trial which alleges as a ground therefor the giving of this instruction. The court overruled the motion for a new trial,…