Baker v. Costello

Plaintiff Charles A. Baker sought to recover damages because of the death of his wife in an automobile accident which occurred during the early morning of November 14,1939, on US-41, near Stephenson, Michigan. Defendant James Costello, while driving his car in a southerly direction, collided with a truck which was parked on the shoulder of the highway with perhaps an inch or two of its body overhanging the pavement. Plaintiff’s wife and defendant’s wife, who were riding in Costello’s car, were killed in the collision.

The allegations of plaintiff’s declaration are confined to a charge of…