Rusho v. Miller

This was an action for the alleged wrongful death of plaintiff’s husband. His death resulted from a collision between a car driven by the decedent Charles Rusho, and a wrecked truck owned by defendant Brownlee. The truck was in the decedent Rusho’s lane of travel. In this action plaintiff recovered a verdict and judgment. Defendants appeal. Defendants devote most of their argument to the refusal of the trial court to direct a verdict in their favor. The appeal presents only issues of fact.

The accident happened in the early morning hours of November 28, 1962, on U. S. Highway 99 north of…