Bingler v. Hopper

Opinion by

Mr. Justice Linn,

There are three appeals; the plaintiff’s is from the award of a new trial. Defendants, by separate appeals, complain of the refusal of their motions for judgment n. o. v.

The defendant, Hopper, was a truck driver employed by the defendant, Uhrik. Hopper’s wife was killed while accompanying him on Uhrik’s truck. She had a son, David, at the time she married Hopper, and, on that surviving son’s behalf, this suit was brought to' recover for her death which, it was alleged, resulted from defendants’ negligence. The suit was brought in the name of the minor by his next…