Henthorn v. Collins

GrivEN, Judge:

The plaintiff, Lychester R. Henthorn, instituted an action of trespass on the case, in the Circuit Court of Wood County, against Auldie Collins, whose full name was John Auldie Collins. Process was served on a son of John Auldie Collins, whose full name was Charles Auldie Collins. The father and son were each commonly known as “Auldie” Collins. On the trial the son established that he was not the “Auldie” Collins involved in the automobile collision out of which the cause of action accrued, and the trial court “directed a verdict” in favor of the son. Thereafter, and within one…