Shumway v. Nelson

Dell, Chief Justice.

This is an action to recover damages for death by wrongful act. Defendant appeals from an order denying his motion for judgment on the pleadings or, in the alternative, for summary judgment.

On November 1, 1958, Mr. and Mrs. Marshall K. Adsero were both killed when the automobile in which they were riding struck a bridge abutment on Highway No. 10 near Glyndon, Minnesota. This action was brought under Minn. St. 573.02 for the death of Mrs. Adsero, allegedly caused by the negligence of her husband as driver of the car. The sole heir of the decedents is a minor daughter who,…