Appellant's motion for a directed verdict and for a judgment notwithstanding the verdict should have been sustained. Wigginton's Adm'r v. Louisville Ry. Co., 256 Ky. 287, 75 S.W.2d 1046; Gross v. Kelly, 314 Ky. 670, 236 S.W.2d 930; Fitch v. Mayer, Ky., 258 S.W.2d 923. This case is distinguishable from Gaidry Motors v. Brannon, Ky., 268 S.W.2d 627, and Armour v. Haskins, Ky., 275 S.W.2d 580. There is no evidence here that a defect existed in the car or that any such defect was the proximate cause of appellee's injury.
This court has often written that speculation and supposition are insufficient to justify a submission of a case to the jury, and that the question should be taken from the jury when the evidence is so unsatisfactory as to require a resort to surmise and speculation as to how an injury occurred. See Kentucky Digest, Negligence, 26, 134, 136 for collection of cases; Shearman-Redfield on Negligence, Section 46; Gross v. Kelly, Ky., 236 S.W.2d 930; Burk Hollow Coal Co. v. McCulley's Adm'r, 290 Ky. 435, 161 S.W.2d 622. For the reasons stated, we are of the opinion that no negligence was established in the first place and that, even if we assume that negligence had been proved, the causal connection between the alleged negligence and the resulting death was not established by the testimony.