Elliott v. Behner

The opinion of the court was delivered by

Allen, J.:

This was an action brought by Mabel Elliott against Ed Behner for recovery of damages because of the negligence of defendant, resulting in the death of Albert Elliott, husband of the plaintiff. The plaintiff recovered judgment, and defendant appeals.

Plaintiff’s husband and the defendant were working for Montgomery county on bridge work. The bridge crew was working under the direction of the county engineer. The county transported the men from the county garage in Independence to and from their work, and had done so for a number of years. The…