Lewis v. Service Provision Co.

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from a judgment in favor of the defendants in an alleged wrongful death action.

In a way, it may be said the chief controversy is the absence of facts rather than a dispute over the facts.

The plaintiffs, Earl Lewis, Sr., and Lilly Lewis, brought this action seeking recovery for the death of their 16-year-old son who died as the result of a collision between an automobile and a tractor-truck on Highway 1-35 near Guthrie, Oklahoma.

Earl Lewis, Jr., plaintiffs’ decedent, left Wichita about 8:00 o’clock p. m. on January 10,…