Tarter v. Wigginton's Adm'x

Opinion op the Court by

Clay, Commissioner

Eeversing.

The original appellee in this action died pending the appeal, and the parties will be referred to as they appeared in the Court below.

Plaintiff, a pedestrian, was struck and injured on South Main Street in Somerset by an automobile operated by defendant. After a jury verdict, a judgment was entered for the former in the amount of $5,944.95. The only question we deem it necessary to consider concerns defendant’s right to a directed verdict.

The áccident happened shortly after 5:00 p.m., on August 14, 1947. Plaintiff, a veterinarian 59 years of…