Hyyti v. Smith

The complaint in this action sets forth three causes of action growing out of a collision on the eleventh day of October, 1935, between a truck, owned by the defendant, Harold E. Smith, and driven by the defendant, Erwin 0. Smith, and an automobile, owned and driven by the plaintiff’s father, in which the plaintiff and her mother were riding as passengers at the time. The second and third causes of action were dismissed on stipulation, .leaving the first cause of action for the wrongful death of plaintiff’s father.

The defendants served an answer pleading a former judgment, to which answer the…