Smith v. Bassett

The opinion of the court was delivered by

Wedell, J.:

This was an action by a widow to recover damages for the wrongful death of her husband who was killed by a backing truck. Plaintiff prevailed and defendant appeals.

Appellant seeks a reversal of the judgment upon the grounds the trial court erred in overruling (1) his demurrer to appellee’s evidence and (2) his motion for judgment on the evidence after both parties rested. Appellant’s third contention is the verdict was excessive. The subjects will be treated in the order stated.

Was there sufficient evidence of appellant’s negligence to…