Hertz v. McDowell

Lyde H. Hertz instituted this action as executrix of the will of her son Alfred W. Hertz for his wrongful death. Sections 3653 and 3654 R.S. 1939, Mo. R.S.A. Alfred W. Hertz, a bachelor 62 years old, died as a result of injuries sustained at the intersection of 12th and Walnut Streets, Kansas City, when he was struck by a truck owned by defendants-appellants, McDowell and Daugherty, and driven by their employee, defendant-appellant Brown. The jury returned a verdict for the executrix, awarding $7000 damages. The defendants appealed to the Kansas City Court of Appeals, seeking the reversal of…