District Court, E.D. Pennsylvania March 28, 1957, No. 20947 (Schipfer v. Makowski)

KRAFT, District Judge.

In this diversity action the plaintiff, a passenger in her son’s automobile, sued her son and Bernard Makowski to recover damages for injuries suffered by her in a collision between the two vehicles operated by the defendants. At the trial no evidence was submitted on behalf of Makowski who filed, under Fed. Rules Civ.Proc. rule 50, 28 U.S.C.