Gardner v. Kline

Opinion by

Stadtfeld, J.,

This is an action in trespass. Statement of claim was filed, but no affidavit of defense. The case was tried before Flood, J., and a jury. Benson Gardner, the plaintiff, was the operator of a motor vehicle belonging to Wawa Dairies. As the result of a right angle collision which occurred on February 3, 1937, separate actions were instituted by the plaintiff and by the Wawa Dairy Farms, Inc., his employer.

At the conclusion of the plaintiff’s testimony, the defendant asked for the entry of non-suit. This motion was denied, and the defendant thereafter refrained from…