Johnson v. Killion

The opinion of the court was delivered by

Wertz, J.:

This was an action by the administrator to recover damages' for the wrongful death of Walter E. Keith resulting from a collision between a motor fuel transport truck owned by defendant Lyle Killion, and a railroad train on which the deceased was an engineer. The defendants were Lyle Killion doing business as Killion Service Stations, and Employers Mutual Casualty Company, his liability insurance carrier.

The defendant Employers Mutual Casualty Company appeals from an order overruling its demurrer to plaintiff’s amended petition.

We shall refer…