Brown v. Davis

This action was brought to recover damages for the death of the wife of plaintiff Brown, caused by the overturning of the defendant’s automobile while he was driving it and in which Mrs. Brown was riding as his invited guest. The jury returned a verdict in favor of defendant and the court granted plaintiff’s motion for a new trial. This appeal is from the order granting a new trial.

Mrs. Brown and several others were riding in the automobile at the time of the accident, which occurred late at night. None of the occupants of the machine except the defendant were witnesses at the trial. He…