Miller Ex Rel. Miller v. Smith

On December 4,1950, appellant, Edna Hurston Miller, was a guest passenger in an automobile operated by appellee at the time said automobile and a locomotive of the Nickel Plate Railroad collided at the intersection of the tracks of said railroad with Kilgore Avenue in the City of Muncie, Indiana. This action was brought by said appellant against appellee to recover damages for personal injuries allegedly sustained by appellant as a result of said collision.

At the conclusion of appellant’s evidence, the court, upon appellee’s motion, directed the jury to return a verdict for appellee. Such…