Swanson v. State Farm Mutual Automobile Insurance

Three questions are raised on this appeal: (1) Whether under sec. 331.04, Stats., the personal representative may bring an action in behalf of the relatives for damages due to wrongful death; (2) whether the negligence of the deceased was, as a matter of law, at least as great as that of the two drivers; (3) whether the evidence supports the finding of pecuniary loss to the children of the deceased.

We do not consider that the plaintiff’s action is barred by sec. 331.04, Stats., which provides in part:

“(1) An action for wrongful death may be brought by the personal representative of the…