Newman v. Simmons

OPINION

PURYEAR, Judge.

For convenience in writing this opinion we will refer to the parties as plaintiff and defendants, as they were designated in the trial Court. The suit arose out of a highway accident in which the plaintiff’s husband, Henry C. Newman, was killed and plaintiff brings this suit for her own use and benefit as surviving widow of the said Henry C. Newman.

The decedent, who was a 73 year old semi-retired farmer, was operating a farm tractor, pulling a farm wagon loaded with lumber, when the wagon was struck from the rear by a truck being driven by the defendant, John H. Simmons,…