Vietor v. Costello

Julius J. Olson, Justice.

Plaintiff appeals from a judgment entered upon a verdict for defendants. The action was brought by plaintiff as special administrator of the estate of his minor son, five years and four months of age at the time of the fatal accident hereafter to be related. The cause of action is founded upon alleged negligence on the part of the driver of defendants’ truck. The defense is the general issue, also that plaintiff’s intestate came to his death solely due to his own negligence which directly contributed to the accident.

The accident took place at or near the intersection…