D'Amico v. Conguista

Plaintiff brought this action as administra-trix of the estate of her deceased husband, Joseph D’Amico, for her own benefit and that of the two minor children of herself and Joseph D’Amico. The complaint alleged that the death of D’Amico was caused by the negligence of defendants. The charges of negligence are as follows: (1) that the operator of a truck owned by defendant and, at the time of the accident, being operated by an agent and servant of defendants, on defendants’ business, was so operated at an excessive rate of speed; (2) that the operator of the truck was incompetent and unfit to…