Lindbery v. J. A. Danens & Son, Inc.

Otis, Justice.

This is an action for death by wrongful act 1 brought against defendant Edward McMahon as driver and defendant J. A. Danens & Son, Inc., as owner of a truck which struck decedent, Robert Edward Lindbery, while he was standing on an excavation site waiting for his own vehicle to be loaded.

The jury rendered special verdicts finding the driver, McMahon, liable and awarding the trustee damages in the sum of $25,000. Based on these verdicts the court entered findings of fact, conclusions of law, and order for judgment determining that decedent was an employee of defendant Danens and…