Britten v. Updyke

Plaintiff appeals from denial of his motion for new trial after a Jackson county jury had rendered a verdict in favor of the defendant. The substantial questions presented pertain to claimed errors in the trial judge’s charge to the jury.

Plaintiff’s decedent, Earl Walkey, was killed almost instantaneously in a boating accident which occurred shortly after noon on Saturday, November 6,1954, in the channel between Moon and Price lakes in Jackson county. The deceased was . riding on the left side of the front seat of a 14' 6" motorboat driven by a 65-horsepower inboard motor. He was seated…