UNDERWOOD v. FULTZ

No. 37741.

331 P.2d 375 (1958)

Fred B. UNDERWOOD, Plaintiff in Error, v. Edna Mae FULTZ, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied October 28, 1958.


Attorney(s) appearing for the Case

Montgomery & Montgomery, Purcell, for plaintiff in error.

C.A. Ambrister, Muskogee, for defendant in error.


JACKSON, Justice.

Plaintiff, Fred B. Underwood, instituted this action against the defendant, Edna Mae Fultz, to recover damages for the death of his 19 months old son. The child was killed when struck by an automobile driven by defendant. At the close of the evidence the trial court sustained the defendant's motion for a directed verdict. Plaintiff appeals.

Plaintiff contends that there was sufficient evidence to...

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