Trust Co. v. Lewis Auto Sales, Inc.

delivered the opinion.of the court.

Plaintiff brought suit against Lewis Auto Sales, Inc., and Oscar Ozeran to recover damages for the wrongful death of Goodman Aranoff, who was struck by an automobile driven by Ozeran; on plaintiff’s motion the suit was dismissed as to Ozeran. At the conclusion of plaintiff’s case the trial court instructed the jury to find the defendant Lewis Auto Sales, Inc., not guilty and judgment was entered in its favor, from which plaintiff appeals.

Plaintiff correctly says that when such a motion is made the only question the court has to determine is whether there is…