Keith v. Willers Truck Service

This action was commenced toy plaintiff as special administrator and sole beneficiary seeking to recover damages for the alleged wrongful death of his wife. The defendant Willers Truck Service, Inc., answered by denying any negligence and further pleaded a former adjudication of the issue of negligence. The substance of this defense is that plaintiff commenced an action in the circuit court of Lincoln county, involving the identical accident, to recover for personal injuries sustained toy him; that in said action the Willers Truck 'Service, Inc., alleged that the driver of its truck was not…