Lusk v. State Highway Department

The opinion of the Court was delivered by

Mr Justice Baker.

These two cases arose out of the same circumstances, were tried together in the Circuit Court, and come to this Court as one record. We shall therefore, herein, refer to both plaintiffs-respondents as respondent.

The action was brought under Section 5887, Code of 1932, and grew out of an accident resulting in the fatal injury of respondent’s intestate, and which occurred on a state highway on February 18, 1934.

Late Saturday night, or about 12 :30 a. m., February 18, 1934, five young men, included in that number being the two young men…