First National Bank v. Simko

Opinion by

Mr. Justice Musmanno,

Lillian Edith Burkholder was killed when the car in which she was a passenger left the roadway and crashed into two telegraph poles at 3 o’clock in the morning of October 25, 1951. The administrator of her estate brought suit against the driver of the car, William Thomas Simko, and its owner, Donald Slater. The jury exculpated Slater of all responsibility for the accident and returned a verdict in favor of the plaintiff in the sum of $1,000 under the Wrongful Death Act and $4,000 under the Survival Act.

It is contended by the appellant, Simko, that he is entitled…