Andrews v. Hayward

The Haywards filed a complaint in the district court of Larimer county to recover damages allegedly resulting from the death of their son, Robert, who was killed in an automobile accident. At the time of the accident Robert was a passenger in an automobile owned by Elbert Andrews and driven by either the owner or his brother, Elmer Andrews. Elbert and Elmer were named defendants in the action.

On the trial of the case and at the conclusion of plaintiffs’ evidence, the trial court granted defendants’ mo- lion for a directed verdict. The motion was based on the .ground that plaintiffs could not…