Moore v. Watkins

To recover for the death of his intestate, J. C. Moore, administrator of the estate of Chester Lee Moore, instituted, this suit against Jesse Watkins, administrator of the estate of Robert Bolinger, in whose automobile Chester Lee Moore was riding at the time of his death. As a result of the accident Bolinger was also killed and there were no eyewitnesses.

At the conclusion of the evidence for the plaintiff the trial court directed a verdict for the defendant on the ground that, under all the circumstances, a jury could only speculate as to which of the parties was driving and that, although…