Lunde v. Dwyer

In this action for wrongful death growing out of an automobile accident, the trial court directed a verdict for defendant at the close of plaintiff’s case. The appeal of the plaintiff administrator presents for review the rulings of the court on an offer of proof, and on the motion for a directed verdict.

The facts are revealed by evidence almost without conflict. It appears that defendant, Clifford Dwyer, age 21, an ex-marine, and deceased, Maurice Lunde, age 25, an ex-army sergeant, met at a military funeral at Wakonda, Clay County, South Dakota, on the afternoon of July 23, 1946, and that…