Miller v. Gault

Opinion by

Mr. Justice Linn,

These appeals are from judgment on verdicts for plaintiff in a suit against two defendants to recover for the loss of the life of Mrs. James W. Miller, who was struck by a one-ton Dodge delivery truck driven by the defendant, Gault, engaged on the business of the other defendant.

The accident occurred after dark, November 10,1939, on a three-lane highway, with concrete paving 30 feet wide, in a neighborhood stipulated by the parties to be “strictly rural” and where there was “no marked and designated crossing at or in the vicinity. . .” The weather was windy with “a…