McConnell v. Eubanks

SMITH, Justice:

John Malcolm Eubanks, Jr. died January 24, 1964, as the result of injuries received when the Volkswagen which he was driving collided with a trailer-truck, being driven by appellant Mid Thomas, Jr. on Mississippi Highway #26, a few miles west of Lucedale.

An action for damages was brought by Eubanks’ wife and children, under the pro*426visions of Mississippi Code Annotated section 1453 (Supp.1964), sometimes referred to as the “wrongful death” statute, against appellants, Mid Thomas, Jr., the driver, and Aero Mayflower Transit Company, and James E. McConnell, Jr. and James W.…