Townsend, Administrator v. Jones

The opinion of the court was delivered by

Schroeder, J.:

This is an action filed under the wrongful death statute by the administrator (appellant) for the death of Howard G. Townsend. The action was based upon the negligence of the defendant in driving his automobile in excess of the lawful speed limit, and in failing to yield the right of way to the decedent who was walking across a highway. Contributory negligence was the basis of the defense. The case was tried to a jury and resulted in a verdict and judgment for the defendant. Appeal was duly perfected from the judgment and all other…