Mahan v. McCool

The jury in this case returned a verdict in plaintiff’s favor and against the defendants other than George Moser, in effect finding no cause of action as to him. Plaintiff appeals from an order denying her motion for a new trial as to defendant Moser.

Two questions are raised by the appeal: (1) Whether the verdict finding no cause of action against defendant Moser is sustained by the evidence; (2) whether the court erred in its charge in relation to said defendant.

The decedent, John T. Mahan, was riding as a passenger in a touring car owned and driven by defendant Moser. Moser was driving west…