Burns v. Fisher

MR. JUSTICE ANGSTMAN:

This action was brought to recover damages for the alleged wrongful death of Frank E. Burns, Jr. He was killed while sitting in a Ford truck which had stalled on the highway near Glendive when it ran out of gasoline. While Burns was thus sitting in the cab of the stalled truck another truck weighing about 30,000 pounds driven by defendant H. A. Embrey, and owned by the defendant Fisher crashed into the Ford truck and caused the latter to be overturned, resulting in the death of Burns.

At the conclusion of plaintiff’s evidence the court sustained *28a motion for nonsuit and…