Cushman Motor Delivery Co. v. McCabe, Admr.

This action arose out of an accident in which an automobile driven by Zephaeniah G. Dunn struck the rear end of a truck owned by the appellant, Cushman Motor Delivery Company, and in charge of the appellant, Albert Klein, which accident resulted in the death of the said Dunn. The appellee first brought an action for wrongful death in the Superior Court of Marion County against the company alone. During the trial the appellee dismissed the cause and costs were adjudged against him. Thereafter, this action was filed against both appellants in the Lake Superior Court, and was then taken on a…