King v. Cardin

This is an action for the wrongful death of Grover O. Dyer, who was struck and killed by a dump truck being driven by the appellant, Dyer’s fellow employee. The jury returned a verdict for the appellee, Dyer’s administratrix, fixed the damages at $5,000 for the' estate and $45,000 for the decedent’s widow and children, and attributed 5 per cent of the total negligence to Dyer.

A principal contention for the reversal of the judgment is that there is no proof of negligence on the part of the appellant. Our study of the record convinces us that the testimony presented a question for the jury on…