Benner v. BF Goodrich Company

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from a denial of a motion for a new trial after the jury trial resulted in a verdict for the defendant.

The cause of action is a wrongful death action by Theodore Benner, administrator of the estate of Jack R. Benner against respondents Moll and B. F. Goodrich Company.

On January 21, 1965, at approximately 2:50 a. m., Jack R. Benner, son of plaintiff-appellant Theodore Benner, was riding in a 1964 Falcon pick-up driven by Delmar Mitchell. They were proceeding north on Indiana Street the main street of Chinook,…