Jurgensen v. Schirmer Transportation Co.

Frank T. Gallagher, Justice.

This appeal involves two actions brought against defendant Sehirmer Transportation Company. One was brought by the estate of Sam Jurgensen for damages for his death resulting from the alleged negligence of defendant’s agent in the operation of an oil transport. The other was brought by William Carroll for injuries allegedly resulting from the same accident. The actions were tried together, and verdicts were rendered for defendant in both actions. Both plaintiffs appealed from the orders denying their motion for a new trial.

On December 20, 1950, at about 8 p. m., a…