Piper Ex Rel. Estate of Piper v. Hill

In this wrongful death action, arising out of an accident when the defendant’s car struck the deceased, the plaintiff widow’s petition was dismissed by the district court on motion for summary judgment. We reverse the judgment and remand the cause to the district court for trial on the merits.

The decedent owned two cars at the time of his death, one of which was for the use of his grandson; the other was used by the deceased and his wife. The grandson’s car, because of electrical failure the night of November 24, 1967, was stalled on a graveled country road. The next day decedent and his…