Phillips v. Whittom

ELLISON, P.' J.

The appellant administrator seeks reversal of an order and judgment of the circuit court of Adair county abating his cause of action under the wrongful death statutes, Secs. 3652-3656 [references to our statutes are to R. S. Mo. 1939 and Mo. R. S. A.] for the negligent killing of his intestate, Audra Phillips, on August 27, 1942, in a collision in Scotland county between the decedent’s automobile and a motor truck driven by the respondent Whittom, an employee of the respondent United Biscuit Company, operator thereof.

The ultimate question in the ease is ‘whether a prior similar…