Hardware State Bank v. Cotner

This is another farm accident power take-off case where the plaintiff’s decedent was killed when he became involved with a power take-off on a tractor. He left surviving a widow, who remarried shortly after a year from his death, and a son who was adopted by the defendant before trial in this case. The complaint was one for wrongful death and a second count for the recovery of funeral expenses. The plaintiff recovered for wrongful death the sum of $55,000 and $958.90 for funeral expenses. The issues presented are: (1) was the plaintiff’s first amended complaint sufficient to state a cause of…