Johnson v. Hetrick

Opinion by

Mr. Chief Justice Mosci-izisker,

Plaintiff’s husband, James V. Johnson, and defendant’s decedent, Ernest Scott Hetrick, were killed at the same time, under circumstances related in this opinion. Plaintiff recovered a verdict on the ground that Johnson’s death was due to the negligence of Hetrick. Defendant has appealed.

Johnson, while a passenger in an automobile belonging to and driven by Hetrick, was killed, on the way home from work, in a collision with a railroad train. Johnson and Hetrick were employed in the same mine, the former as a mine foreman and the latter as a blacksmith,…