Malcom v. Kirk's Administratix

WADDILL, Commissioner.

Lloyd Kirk, a pedestrian, was fatally injured when he attempted to cross a public highway after dark. The automobile driven by Hubert Howell, which was traveling north at about SO miles an hour, struck Kirie in the north-bound traffic lane and knocked him into the south-bound traffic lane. While Kirk was lying there, the car driven by James Malcom, traveling south at approximately 40 miles an hour, ran over him.

Mary Kirk brought this action as admin-istratrix of Kirk’s estate to recover damages from Howell and Malcom alleging that their negligence caused Kirk’s death.

Upon…