Gray v. Schottmiller

This is a wrongful death action in which the plaintiff, administratrix of the estate of the decedent, alleged that as a result of an automobile collision the defendant negligently caused the death of the decedent. Although a jury demand was originally filed by the defendant, the case was tried before the trial judge without a jury. At the conclusion of the plaintiffs case, pursuant to the defendant’s motion under section 64(5) of the Civil Practice Act for a finding in his favor, the trial judge entered judgment for the defendant.

In this appeal the plaintiff alleges that the trial judge erred…