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McCOY v. BLAKELY

No. 15067.

217 F.2d 227 (1954)

Harry W. McCOY, Appellant, v. Floyd T. BLAKELY, Personal Representative and Administrator of the Estate of Mary Nadine Catron, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 31, 1955.

Attorney(s) appearing for the Case

C. F. Connolly, Omaha, Neb. (Robert G. Fraser and Fraser, Connolly, Crofoot & Wenstrand, Omaha, Neb., on the brief), for appellant.

Wiley E. Mayne, Sioux City, Iowa (Jesse E. Marshall, Sioux City, Iowa, Harry N. Larson, Wakefield, Neb., and Shull & Marshall, Sioux City, Iowa, on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

This is an appeal from an order overruling a motion for judgment notwithstanding the verdict or for a new trial. The action was for damages arising out of an automobile-truck collision. The complaint was in two counts, one for damages for wrongful death and the second for damages to the decedent's automobile and for funeral expenses. Trial resulted in a jury verdict for plaintiff-appellee on both counts. Judgment was entered thereon. After denial...

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