Finch Ex Rel. Finch v. Phillips

The opinion of the court was delivered by

Wertz, J.:

This was an action to recover damages for wrongful death resulting from a collision at the intersection of two unmarked county highways. From a general verdict and judgment in favor of the plaintiffs, defendants appeal.

Briefly stated, the petition, filed by decedent’s widow and son (plaintiffs, appellees), alleged that on April 24, 1955, decedent, Eldon Finch, was driving his farm truck east on a county highway approaching an unmarked intersection, and defendant (appellant) Larry Phillips was driving his father’s automobile north toward the…