Weiss

This is an appeal by plaintiff (i.e. widow and minor child) from a judgment entered after the jury returned a unanimous verdict in favor of defendant in an action for wrongful death.

A résumé of the facts is as follows:

Plaintiffs’ decedent was traveling eastbound on Rosewood Avenue and defendant was traveling southbound on Crescent Heights Boulevard when the intersection accident occurred. There was no independent eye witness testimony. relative to the precollision movements of either decedent or defendant. All of the evidence relating to the collision was obtained from a police officer who investigated at the scene after the collision and at the hospital shortly thereafter; from defendant's testimony at the trial, his signed statement to an investigator, deposition and answers to interrogatories; from neighbors familiar with the intersection and from expert testimony. There was conflict as to whether the streets were wet at the time of the collision. Defendant was familiar with the area and had frequently traveled through the intersection, which was in a residential section. Any other pertinent facts will be set forth in the body of the opinion under appropriate…