Luce v. Pierce Muffler Shops

This action seeks to recover damages sustained by reason of the death of plaintiff’s intestate resulting from an automobile accident July 20, 1961. The complaint alleges that the accident was caused by the negligence and breach of warranty of the defendant with respect to the installation of certain brake linings in an automobile owned and operated by the plaintiff’s intestate.

The case came on for trial before me in September, 1965. Five days of proof were taken and the plaintiff rested, at which time the defendant moved for judgment on the grounds, among others, that the defendant named was…