Burdick v. Powell Bros. Truck Lines, Inc.

KERNER, Circuit Judge.

Plaintiff, as administratrix of the estate of Roderick R. Burdick, deceased, brought an action to recover damages sustained by reason of the death of her intestate, alleged to have been caused by the negligence of the defendants. The cause was tried to a jury resulting in a verdict of guilty, judgment was entered thereon, and defendants appeal.

In her complaint plaintiff alleged that her intestate was in the exercise of ordinary care for his own safety, charged that the motor truck which caused his death was recklessly and negligently operated at a high and dangerous rate…