CALHOUN, Judge.
This case, on appeal from the Circuit Court of Pocahontas County, involves a wrongful death action instituted in that court by Viola Mae Spangler, as administratrix of the estate of her deceased husband, McKinley Spangler, against Clarence Fisher. The plaintiff alleged in her complaint that the death of her husband was negligently caused by Clarence Fisher, the defendant, on May 20, 1964, in the use and operation of a dump truck owned by him.
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