BLACK, J. (dissenting).
This case was tried to a jury in Cass county before Honorable Carl D. Mosier, circuit judge, and resulted in judgment for defendant on directed verdict. The action was brought for wrongful death, arising from violent collision of an automobile with a roadside tree. The tree did not give and both occupants of the automobile were instantly killed.
The occupants were plaintiff's decedent and defendant's decedent. The time was September...
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