Carroll v. Downes

•Catherine Downes, administratrix (plaintiff in the court below), brought this action against J. C. Thornton, defendant, to recover damages for the wrongful death of her intestate, E. W. Moss, which was caused by the negligent operation of an automobile owned and driven by the defendant at the time of the accident. There was a trial by a jury which resulted in a final judgment entered by the court in favor of the plaintiff in the sum of $10,000.

It is a well settled rule that where a plaintiff has obtained a verdict and judgment, we must accept testimony given in his behalf, unless such…