Brooks v. E. J. Willig Truck Transportation Co.

Plaintiffs seek recovery for the wrongful death of John Brooks who was struck and run over by a truck which belonged to defendant company and was being driven by its employee, defendant Farnsworth. Defendants appeal from a judgment entered on a jury verdict for plaintiffs contending that prejudicial errors were committed by the trial court in admitting and excluding evidence and in instructing the jury.

The accident occurred around 11 o’clock at night on a level, unlighted portion of U. S. Highway 101 near its intersection with State Route 37. At this point, U. S. 101 Res in open country and…