Spangler v. Fisher

Calhoun, Judge:

This case, on appeal from the Circuit Court of Pocahontas County, involves a wrongful death action instituted in that court by Viola Mae Spangler, as administratrix of the estate of her deceased husband, McKinley Spangler, against Clarence Fisher. The plaintiff alleged in her complaint that the death of her husband was negligently caused by Clarence Fisher, the defendant, on May 20, 1964, in the use and operation of a dump truck owned by him.

In entering summary judgment in favor of the defendant, the trial court held, in accordance with the defendant’s contention, that McKinley…