Ferguson v. Hale

McGHEE, Justice.

This suit was brought by the plaintiff acting in her representative capacity as administratrix'of the estate of Stroud Ash, deceased, to recover damages for his death in a truck collision allegedly caused by the negligent acts of defendant’s servant.

The case was tried to a jury in Curry County and at the close of the plaintiff’s case-in-chief, the defendant moved for a directed verdict on the ground that the plaintiff had failed to present a prima facie case of negligence. The motion was sustained by the court and the jury’s verdict for the defendant was returned and judgment…