Koval v. Thompson

Rogosheske, Justice.

After a verdict for defendant in an action for wrongful death, plaintiff appeals from an order denying a new trial.

The issues raised all pertain to plaintiff’s claim that the court did not properly submit the case to the jury.

Decedent’s death resulted from a collision between his 1956 Ford pickup truck, which he was driving, and a Ford 2-ton milk truck, driven by defendant. They collided between 11 and 12 o’clock in the forenoon of August 29, 1961, a clear day, at an unmarked intersection of two rural gravel roads. Both roads were straight and level and there was no other…