Timian v. Whelan

A collision occurred between an automobile driven by plaintiff and one driven by defendant’s testator. In that collision plaintiff received personal injuries and his automobile was severely damaged. Defendant’s testator received injuries from which he died the next day.

Plaintiff brought this action against the representative of the deceased to recover the damages which he received to his property, his automobile and his clothing, by reason of the accident, alleging that it was caused by the negligence of the defendant’s testator.

Upon the trial defendant moved for a nonsuit upon the ground…