Austin v. Austin

The plaintiff in error, who was the plaintiff in the trial court, instituted her action against Herman Lawrence Austin for damages for the wrongful death of her intestate who was her husband. The deceased and the defendant were brothers. After all of the evidence had been introduced the trial court struck it as being insufficient to support a finding of gross negligence against the defendant. Thereafter the jury rendered its verdict in favor of the defendant.

The notice of motion for judgment charged the defendant with operating an automobile, in which the plaintiff’s decedent was a guest, in…