Judges: WHITFIELD, J.
Attorneys: Leon Harvel, Morehead Pellot and Murrell Malone, for Plaintiff in Error; McKay, Dixon DeJarnette, for Defendant in Error.
Filed: Jun. 27, 1941
Latest Update: Mar. 02, 2020
Summary: In an action under Sections 7047 (4960), 7048 (4961), C. G. L., brought by the widow for the wrongful death of her husband, it is alleged that on June 11, 1938, on a public street, the defendant's truck driver "then and there negligently and carelessly drove and operated said truck so that the same collided with another Ford truck which the said Lewis V. Boole, then husband of the plaintiff, was then and there driving, whereby the said Lewis V. Boole was greatly injured about his body, from whic
Summary: In an action under Sections 7047 (4960), 7048 (4961), C. G. L., brought by the widow for the wrongful death of her husband, it is alleged that on June 11, 1938, on a public street, the defendant's truck driver "then and there negligently and carelessly drove and operated said truck so that the same collided with another Ford truck which the said Lewis V. Boole, then husband of the plaintiff, was then and there driving, whereby the said Lewis V. Boole was greatly injured about his body, from which..
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I find no mutual mistake of fact alleged or proven. Unexpected consequences resulted from the known facts. Such is frequently the case and is the prime reason to actuate compromise.
