Louviere v. Lumbermens Mutual Cas. Co.

McCORD, Circuit Judge.

This is a suit wherein damages were sought for wrongful death, 1 alleged to have been caused by the driver of a truck on which defendant carried liability insurance against negligence in and about its operation and movements. At the conclusion of the plaintiff’s case, the trial court on motion directed the jury to return a verdict for the defendant.

The question presented is whether there is any substantial evidence of negligence which would have warranted submission of the case to the jury.

The evidence reveals that on the afternoon of June 16, 1948, at about 4 p.m., one…