Lillie Bailey v. Naomi E. Branin, Administratrix of the Estate of Wilbur H. Branin, Deceased

KALODNER, Circuit Judge.

In this diversity action, 1 arising out of the collision of two automobiles, the jury returned a verdict of “no cause of action” upon which judgment was entered in favor of the defendant. This appeal by the plaintiff from the judgment suffered by her below and the denial of her motion for a new trial, asserts prejudicial errors by the trial judge in the conduct of the trial and his charge to the jury.

The testimony adduced at the trial may be summarized as follows:

On December 13,1956, at about 1 p. m., plaintiff, Lillie Bailey, was a passenger in an automobile, owned…