Dilworth v. Wimer, Admx.

Appellee sought by this action to recover damages on account of the alleged wrongful death of Daniel Wimer, deceased, resulting from his being struck by an automobile driven by appellant on state road No. 29 in Pulaski County, Indiana.

The complaint, which was in one paragraph, proceeded upon the theory that on August 24, 1935, and for some time prior thereto, state road No. 29 extended through the county of Pulaski in a northern and southern direction and over a certain hill, commonly known as Paddy Hill, situated approximately five miles north of the city of Winamac, Indiana; that…