Wolfgram v. Valko

(for affirmance). Plaintiff appeals from verdict for defendant Reid, directed by the court at the close of plaintiff’s opening statement, and verdict for defendant Valko, directed at the conclusion of plaintiff’s proofs. The suit is for damages resulting from the wrongful death of plaintiff’s decedent allegedly caused by the negligent operation of motor vehicles by the defendants.

Viewed in the light most favorable to plaintiff, on December 10, 1961, her decedent was driving his automobile south in the westerly lane of a 2-lane, north and south highway, at about 2:30 a. m. of a dark night,…