Spence v. Commercial Motor Freight, Inc.

OPINION

By HORNBECK, J.:

This is an appeal on questions of law from a judgment for the plaintiff against the defendant in the sum of $42,000.00 entered on a verdict of a jury.

The. action was for damages for the wrongful death of plaintiff’s decedent because of the negligence alleged in plaintiff’s amended petition. Plaintiff’s decedent died by reason of a collision between a milk truck, which he was driving, and a truck driven by the agent of defendant, Commercial Motor Freight, Inc. of Indiana. Both trucks were moving westwardly on U. S. Route 35, and the collision occurred about three and…