Storbakken v. Soderberg

Murphy, Justice.

Action pursuant to the wrongful death statute by the trustee for the estate of Ralph D. Storbakken against Joseph E. Soderberg to recover damages for the death of the decedent resulting from a collision between decedent’s truck and defendant’s car. Plaintiff was successful below, and defendant appeals from the order denying his motion for a new trial.

The collision out of which this case arose occurred on September 29, 1953, at about 6:30 p. m. The day was clear, the sunset bright in the west. Decedent was driving a 1949 Ford two-ton truck in an easterly direction on a dirt…