Moler v. Cox

The opinion of the court was delivered by

Wedell, J.:

This was an action by a widow to recover damages for the wrongful death of her husband who was killed when struck by defendant’s truck, which was operated by one of his employees. The general verdict was for the plaintiff and the defendant; Jabin Cox, appeals from the order overruling (1) his demurrer to plaintiff’s evidence; (2) his motion for judgment on the special findings which he claimed showed the deceased had been guilty of contributory negligence as a matter of law; and (3) from the order sustaining plaintiff’s motion for a new…