Elbell v. Smith

Opinion by

Mr. Justice Allen M. Stearns,

This is an action of trespass for the recovery of damages for the death of plaintiff’s decedent as the result of the alleged negligent operation of an automobile driven by defendant. A verdict was rendered for the plaintiff on which judgment was entered. Defendant moved for judgment non obstante veredicto, which was overruled. This appeal followed. The single assignment of error is the court’s refusal of defendant’s motion.

Beading the testimony in the light most favorable to plaintiff, as we are required to do in considering a motion for judgment for…