Richardson v. Weiss

Lees, C.

Plaintiff’s intestate, James W. Eichardson, while driving an automobile on a public highway in this state, was overtaken by the defendant Fred Weiss, driving his father’s automobile. Fred undertook to pass and struck the Eichardson car. It left the road, overturned, and Mr. Eichardson was pinned under it and sustained injuries from which he died. This action was brought by his personal representative against the father and son to recover damages under the death statute.

The complaint, charged that Mr. Eichardson’s death was caused by the negligence of Fred Weiss; that the car he drove…