Jon R. Smith v. Cities Service Oil Company, Michael Smith, by Jon R. Smith, Next Friend v. Cities Service Oil Company

MERCER, District Judge.

Plaintiffs prosecute appeals in these companion cases to review orders of the court below granting judgments for defendant notwithstanding the verdicts of a jury for the plaintiffs.

On July 27, 1960, the plaintiff, in appeal 14667, Jon R. Smith, experienced car trouble while traveling with his family toward Battle Creek, Michigan. Among the occupants of the car was the plaintiff in appeal 14668, Michael Smith, one of the minor sons of Jon. Mr. Smith stopped at a Sunoco Station, which was the first station reached upon entering Battle Creek. He was advised that the…