Finkle

The husband of Charlotte Pinkie was struck by an automobile which was being operated by Georgia Tait, receiving injuries from which he died almost immediately. The administratrix of his estate brought this action to recover damages, alleging that the automobile which caused the death of Pinkie was at the time being operated in a negligent manner and at a dangerous and excessive rate of speed. After hearing the testimony of the witnesses for plaintiff and defendants, the trial judge advised the jury to return a verdict in favor of the defendants, which verdict was thereafter recorded and judgment entered thereon. The plaintiff has appealed and the question presented is as to whether the action of the trial court in requiring the verdict to be rendered as indicated was error. It is insisted that there was substantial evidence tending to show negligence on the part of the operator of the automobile and that the evidence did not show that the injuries received by Finkle were produced or contributed to by any careless or incautious conduct on his part. The position of the defendants as contended for is that the evidence failed to establish negligence on the part of the driver and did…