LoRusso v. Hill

This action was brought to recover damages for the death of the plaintiff’s decedent. A demurrer to the complaint was sustained and, *556from the judgment thereafter rendered, the plaintiff has appealed.

The following facts, conceded for the purpose of testing the demurrer, will he an ample basis for a discussion of the legal question raised by the appeal. The plaintiff’s decedent was killed on August 21, 1951, by the overturning of his milk truck on a state highway which was under the defendant’s supervision. The sole proximate cause of his death was the defective condition of the highway. The…