O'Brien v. Schellberg

Two questions are presented by this appeal, viz.: (1) Does the uncontradicted testimony entitle plaintiff to a judgment as a matter of law? (2) Did the refusal of certain offered instructions constitute prejudicial error ?

The action was brought by the administratrix with will annexed of the estate of decedent on behalf of the widow and three adult children against John Schellberg, owner of the Chevrolet, and Clyde Schellberg, his agent, who collided with plaintiff’s decedent. Plaintiff alleged that the death of her husband was caused solely by the negligent operation of the car, causing his…