Murry v. Manley

WARNE, J. pro tem. *

This is an appeal from a judgment of nonsuit entered in a wrongful death and personal injury action.

The evidence reveals that on the 25th of April, 1955, one of appellant Lillian May Murry’s sons and her husband were fatally injured when the automobile in which they were riding collided with respondent’s truck and trailer. Another son of Mrs. Murry's was injured in the accident, but he was asleep at the time and has no recollection thereof. In his opening statement made to the jury, plaintiffs' counsel stated that he would call a disinterested witness to support his case,…