Magness' Adm'x v. Hutchinson

Opinion op the Court by

Judge Baird

Affirming.

Virginia Magness, administratrix of Ory Magness, deceased, instituted this action, which was tried on the 17th day of December, 1936, in the Graves circuit court. At the conclusion of her evidence on motion of appellees, the court directed the jury to render a verdict for them, which the jury did. Thereupon, a judgment was rendered dismissing the action. This appeal follows.

Ory Magness was a truck driver of the age of 31 years. He lost his life on the 16th day of May, 1935. Virginia Magness, on the 22d day of July thereafter, was appointed…