Moseman v. L. M. Penwell Undertaking Co.

The opinion of the court was delivered by

Allen, J.:

Emery Moseman, a boy twelve years of age, was struck and killed by a truck operated by one Lindeman. It was alleged in the petition that Lindeman was the servant of the defendant company and that the death of the boy was caused by the negligent operation of the truck by the driver, Lindeman. This action is by the parents of the deceased boy for damages sustained by*reason of his death... Plaintiffs recovered judgment. Defendant appeals.

The petition alleged that defendant conducted a general funeral and undertalcing business in Topeka; that…