In Re Estate of Roth

The opinion of the court was delivered by

Schroeder, J.:

This is an action involving a rural intersection collision in which both drivers were killed. There were no witnesses to the accident. The case was tried to a jury which was dismissed because it was unable to reach a verdict. Appeal has been duly perfected from orders overruling the defendant’s demurrer to the plaintiffs evidence and motion for a directed verdict.

The only question presented is whether upon the evidence the plaintiff’s decedent was guilty of contributory negligence as a matter of law.

This action is a wrongful death action…