Kerfoot v. Kelley

The defendant Ruth Kelley appeals from a nonunanimous judgment of the Appellate Division, first department, affirming a judgment entered upon the verdict of a jury in favor of plaintiff in an action for causing the wrongful death of Mrs. Madeline Meredith Kerfoot, a guest passenger in an automobile owned by the defendant Robert H. Kelley and driven by the defendant Ruth Kelley. The accident happened in Virginia.

The only testimony as to the happening of the accident was given by a witness who testified that he was walking on the right-hand side of a two-lane asphalt paved road about twenty…