Fox (Et Al.) v. Shoemaker

Opinion by

James, J.,

Plaintiff brought an action in trespass for the death of her husband, caused by the alleged negligent operation of a truck driven by the defendant. At the trial, defendant offered no testimony but submitted a point for binding instructions. The jury rendered a verdict for the plaintiff in the sum of $1,800. Defendant filed a motion for a new trial and a motion for judgment n.o.v. The motion for a new trial was refused and judgment n.o.v. granted, the court holding that the testimony failed to show any specific negligence on the part of defendant and that plaintiff’s…