Swindall v. Fuller

*582Mrs. Hettie Swindall, a pedestrian, was killed by an automobile driven by Tivis Fuller. Edward Swindall, Administrator of the estate of Hettie Swindall, instituted action for damages under the death by wrongful act statute (§ 8-633 et seq. Code 1950) against Fuller and Breaks Motor Corporation, the owner of the vehicle involved in the accident. At the conclusion of plaintiff’s evidence, the trial court struck plaintiff’s evidence on the ground that plaintiff’s decedent was guilty of contributory negligence as a matter of law and entered judgment for defendants. We granted plaintiff a writ of…