Allen v. Hart

Claude Eugene Allen died as the result of a collision with an automobile driven by Dean E. Hart. A suit by the administratrix of Allen’s estate was commenced under the provisions of our wrongful death‘statute, Rem. Rev. Stat, §§ 183 and 183-1 [P.P.C. §§ 3-13, -15]. A substantial verdict was returned against Mr. Hart and his wife. ■From a judgment entered on that verdict, the Harts have appealed.

The respondent’s theory of the case, supported by disinterested witnesses, was that Mr. Allen was crossing the street on an unmarked crosswalk when he was struck and fatally injured. The appellants…