McGinley v. Winters

The opinion of the court was delivered by

Trenchard, J.

This is the appeal of the defendant below from a judgment entered on the verdict of the jury in favor of the plaintiff in an accident case.

The first point of the defendant-appellant is “that the trial judge erred in refusing to grant defendant’s motion for a nonsuit.”

That motion was based upon the sole ground that “there was no proof that the accident caused death.” That ground was ill-founded in point of fact.

The evidence tended to show the following matters of fact: The defendant’s motor truck was traveling on a public highway in Union…