Johnson v. Tschiember

In a consolidated action to recover damages for wrongful death, the appeal is from so much of a judgment entered on a jury verdict as is in favor of respondent Johnson for $50,000 and as is in favor of respondent Tsohiember for $125,000. Judgment insofar as appealed from reversed and a new trial granted, with costs to abide the event. At about 5:30 a.m. on Sunday, May 23, 1954 the intestate Tsohiember was operating an automobile in which the intestate Johnson was a passenger and which collided with a tractor-trailer operated by appellant Wilson, an employee of appellant Combs. The trailer was…