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eBook details

• Title: John B. Roden
• Author : Supreme Court of Wyoming
• Release Date : January 03, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

By this action Harvey Dean Davis, as administrator of the estate of his deceased - Page 210 wife, sought to recover damages against defendants for wrongful death; and as owner, together with his father, Harvey Davis, to recover damages to a dump truck caused by the collision of the truck with a cable stretched across a highway by defendants in their efforts to "right" an overturned tank truck. The negligence charged by plaintiff was that defendants wrongfully, negligently, and carelessly obstructed the highway by the cable without any warning to indicate danger or without giving notice thereof to users of the highway. The defendants generally denied such charge and affirmatively alleged that decedent was guilty of contributory negligence and that such negligence was the sole proximate cause of the accident. The ultimate issues so framed with respect to liability were tried by the court without a jury and thereafter the trial judge entered findings of fact and conclusions of law determining that the corporate defendants and defendant John B. Roden, Jr., were negligent and jointly and severally liable to plaintiffs, and that decedent was not contributorily negligent. The issue of damages was then tried to a jury and damages fixed in the sum of $71,183.50 for the death of Mrs. Davis and in the sum of $2,060.95 for damages to the dump truck. Judgment was entered accordingly and upon denial of motions for new trial both corporate defendants appealed. The appeal of defendant George Bohannon Transportation, Inc., was not perfected; thus the only matter before us is the appeal of defendant John B. Roden, Jr., Inc., and that is limited to the trial judges determination of liability and the denial of a motion for new trial.

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