Shawley v. Husman

Murphy, Justice.

This is an action to recover damages for death by wrongful act under M. S. A. 573.02 brought by Rudolf E. Shawley, as trustee for the heirs of Susan Ann Dearman, against Roger Husman. At the conclusion of plaintiff’s evidence, the trial court granted defendant’s motion to dismiss, denied plaintiff’s subsequent motion for a new trial, and ordered judgment entered for defendant. Plaintiff is appealing from the judgment.

On November 11, 1951, between 5 and 5:30 p. m., Susan Ann Dearman, then seven years old, was struck by defendant’s car as she attempted to cross U. S. Highway No.…