Ruff v. Farley Machine Works Co.

The opinion of the court was delivered by '

Harvey, J.:

This was an action for damages under our wrongful death statute (G. S. 1935, 60-3203, 60-3204). The jury answered special questions and returned a general verdict for plaintiffs for $4,500. The trial court sustained defendant’s motion for judgment in its favor upon the answers to the special questions notwithstanding the general verdict. Plaintiffs have appealed.

The general facts may be summarized as follows: A north-andsduth paved state highway, known as U. S. 75, about eighteen miles south of Topeka, is intersected by an east-and-west…