State Ex Rel. Balderston v. Hopkins

This case is the result of a collision of two trucks, driven respectively by Richard M. Balderston and the defendant, Edgar P. Hopkins, on the 22nd.day of June, 1936, in which Mr. Balderston was instantly killed. At the conclusion of the plaintiff’s case, the defendant offered a prayer for a directed verdict on the ground that there was no legally sufficient evidence of his negligence, which was granted, and from a judgment in his favor the plaintiffs appeal. The only living eye-witness is the defendant.

The defendant, Edgar P. Hopkins, between 5:30 and 6 o’clock, on the morning of June 22nd,…