Range v. Van Buskirk Construction Company

Peterson, Justice.

Plaintiff trustee recovered damages in the amount of $32,500 in an action against defendants for death by wrongful act. Decedent, Milton J. Range, was fatally injured on the night of September 9, 1965, when struck on a public street in Winona, Minnesota, by a truck of defendant Van Buskirk Construction Company. The jury found that the truck was negligently operated by defendant Wilmer E. Westling, its employee. Defendants appeal from the order denying their post-trial motion for a new trial.

The principal issue presented is whether a plaintiff in an action for death by…