Hett v. Duffy

Plaintiff, as administratrix of the estate of her deceased husband Thomas Hett, sued the defendants, under the so-called death act* for the death of her husband resulting from an automobile accident. The case was heard by jury, plaintiff had a substantial verdict and judgment, and the defendants, the owner and the driver, respectively, of the automobile involved, appeal.

Appellants contend that the plaintiff’s decedent was guilty of contributory negligence as a matter of law. That is the only question which controls decision here. At the close of the plaintiff’s proofs, and again at the close…