Duncan v. Madrid

ZINN, Justice.

Plaintiff below (appellee here), as administratrix of the estate of her 'deceased husband, brought suit against the defendants (appellants here) for damages under the death by wrongful act statute. 1929 Comp.St., § 36-102. Death was the result of a rear-end collision when the car occupied by the deceased and one Jenperrin struck the rear end of the parked truck of defendant Madrid, being operated by defendant Trujillo.

The complaint alleged specific acts of negligence which were denied by the answer. The defendants charged contributory negligence, which was likewise denied by the…