McCoy v. Courtney

Plaintiff, as administrator of his wife’s estate, brought suit to recover damages for the death of his wife, who, upon alighting from defendants’ automobile, had been struck down and run over by the vehicle as it rolled backwards down a public street. Defendants denied any negligence on their part and pleaded affirmatively contributory negligence on the part of the deceased; this, in turn, was denied by the plaintiff in his reply. The cause came on for trial before the court, sitting with a jury. At the conclusion of plaintiff’s evidence, the court sustained defendants’ challenge to its legal…