Montrose v. Nelson

GOODRICH, Circuit Judge.

This is a wrongful death action brought by the plaintiff, a citizen of New York, against the defendant, a citizen of New Jersey, who is alleged to have been the driver of the automobile in which plaintiff’s decedent was a passenger at the time of the accident which caused his death. The sole issue presented by this appeal concerns the identity of the driver of the car at the time of the accident. At the close of the defendant’s case, the Trial Judge granted defendant’s motion for a directed verdict on the ground that the plaintiff had failed to produce evidence which…