Burns v. Eminger

Appeal from a judgment awarding plaintiff $2,500 damages for the death of his minor son, resulting from a collision between a sled on which the boy was coasting, with a delivery truck owned by defendant and driven by one Roy Quinton.

Except as to the allegations of contributory negligence and the plea of res adjudicata, the pleadings are, in all essential particulars, the same as those in Burns v. Eminger, 81 Mont. 79, 261 Pac. 613, wherein judgment for plaintiff, as administrator of the boy’s estate, was affirmed. Defendant, however, contends that the evidence differs materially from that…