Mitchell v. Silverstein

These are two actions of tort, one against the owner, and the other against the operator, of an auto*525mobile, to recover for the death of the plaintiff’s intestate by reason of being struck by the automobile, which was allegedly operated in a negligent manner. The only question argued is whether there was error in the direction of verdicts for the defendants.

We summarize the facts which the jury could have found upon the evidence, which came entirely from witnesses called by the plaintiff. The only eyewitness to the actual striking of the deceased was the defendant Sherman (hereinafter called…