Smith v. Nealey

This is an action for personal injuries tried by a jury. At the conclusion of the plaintiff’s testimony, the defendants challenged its legal sufficiency and moved for judgment of dismissal. This motion was sustained by the court, and from the judgment which followed, the plaintiff appealed.

The facts are: Appellants and respondents both reside in the small town oi; village of Plaza, Washington. Respondents are husband and wife, and prior to and on the 21st day of October, 1928, owned an automobile which was used as a family car. On the morning of that day, respondent Matt Nealey and a few of…