Missouri State Highway Commission v. Howard Construction Co.

WASSERSTROM, Chief Judge.

Daniel Taylor was killed when he was struck by a truck driven by defendant Kenneth Happle as an employee of defendant Howard Construction Company. The Missouri State Highway Commission paid survivor benefits to Taylor’s widow under the Workmen’s Compensation Act and then sued defendants on behalf of itself and the widow for Taylor’s death. Upon trial, the jury found for both defendants. The Commission appeals. We affirm.

On October 21, 1974, a new highway slab was nearing completion, but no shoulders had yet been constructed. Taylor and a fellow worker were traveling…