Fowler v. Allen

This is an action for damages arising from the death of John Fowler, who was struck and killed by a truck owned and operated by the defendant. A jury returned a verdict in favor of the defendant and the plaintiffs have appealed from the judgment.

The deceased was employed by a contracting firm which was engaged in building a new portion of the state highway between Beaumont and Banning. The new portion was just south of the old highway so that when it was completed there would be two roads with an unpaved strip between them. The work had commenced at Banning and was proceeding west toward…