Mountain Petroleum Co. v. Howard

STEWART, Judge.

Plaintiff, Asa Howard, as administrator, recovered a judgment of $10,000 from defendant, Mountain Petroleum Company, for the wrongful death of his son, Cecil Howard (herein referred to as “Howard”). This appeal is prosecuted by defendant on *179the theory that it should have been granted a directed verdict when it moved therefor at the conclusion of plaintiff’s evidence. We shall refer to the parties hereinafter as “plaintiff” and “defendant.”

Howard was struck and killed by defendant’s tractor-trailer tank truck on U. S. Highway 23 in Johnson County on November 30, 1957, at…