Mary E. Lewis v. John D. Nelson

MATTHES, Circuit Judge.

This is a wrongful death action arising out of a collision between two automobiles which occurred in the State of Missouri. Diversity of the parties and the amount in controversy establish jurisdiction. The substantive law of Missouri controls. We shall refer to the parties as they were designated in the trial court.

At the close of all the evidence, defendant moved the court to direct a verdict in his favor. Therein it was asserted that plaintiff’s decedent was guilty of negligence that caused and brought about the collision; and that “there is want of any evidence to…