Vredenburgh Saw Mill Co. v. Black

BROWN, Justice.

This is an action on the case by the personal representatives of John W. Deer, deceased, for damages under the homicide act, against the defendant for wrongfully causing his death on September 26, 1946. The case was submitted to the jury under counts 1, 3 and 4 of the complaint. Counts 1 and 3 ascribe intestate’s death to the negligence of defendant’s servant or agent while acting within the line and scope of his employment in the operation of a logging truck on the public highway leading past and in front of deceased’s residence. The fourth count ascribed the death of…