Benwell v. Dean

Respondent, Mary M. Benwell, filed this action for damages for the wrongful death of her husband Thomas, who was killed by a heavy steel beam that fell on him as the result of a collision with an automobile driven by appellant, William T. Dean. Following a jury verdict for appellant, the court granted the respondent’s motion for a new trial on grounds of errors of law. On this appeal from the order granting the new trial, the issues are the propriety of the court’s instructions to the jury and rulings on the admission of evidence.

The pertinent facts are as follows: On March 18, 1959, around…