Willard v. Owens

STRUTZ, Judge.

This is an action brought for the wrongful death of the plaintiff’s husband, who was killed when a truck which he was driving collided with a Mercury automobile driven by the defendant.

The record discloses that the plaintiff’s decedent was driving a milk truck belonging to his employer, in a westerly direction on a two-lane road just west of the city limits of Williston. At the same time, the defendant was driving his Mercury automobile along the same road, also in a westerly direction. The evidence is quite clear that the defendant was driving at an excessive rate of speed and…