Malone v. Perryman

This is an appeal from a judgment denying recovery in a wrongful death action arising out of a collision between an automobile, driven by a man named Malone, and an earthmover, driven by a man named Perry-man.

The plaintiffs, appellants herein, are the heirs at law of Malone, who was killed in the accident. The defendants are the operator of the earthmover, i.e-, Perryman, his employer, and other corporations and individuals engaged in various aspects of a highway construction project in the course of which the earthmover was being used.

The accident occurred on November 9, 1960. On that date…