Johnston, Administratrix v. Ecord

The opinion of the court was delivered by

Harman, C.:

This is a negligence action in two counts brought by an administratrix. The first cause of action is for personal injury to plaintiffs decedent prior to death and for automobile damage, and the second is for wrongful death, both allegedly caused by negligence of defendant in a rear-end auto collision. The jury assessed damages for plaintiff on both causes after a directed verdict on the liability phase of the case and defendant appeals.

Consideration of the liability feature requires a review of the evidence thereon. The decedent and…