Morris

Defendants appeal from a judgment awarding plaintiffs $10,187.93 for the death of their son, Louis Morris. The jury verdict was for $15,000 plus funeral expenses in an amount not fixed in the verdict but admitted at the trial to be $187.93. As a condition to denying the motion for a new trial the trial court required that plaintiffs remit $4,812.07. The remission was filed, the motion for new trial denied, and judgment entered in the amount above indicated.

The son, Louis Morris, was killed in a highway collision between a Ford truck in which he was riding and which his brother, Henry Morris, was driving, and a Diesel truck-tractor, with two large trailers attached, owned by defendants and being operated by their employee Lester Wilcox. Henry Morris was also killed in the accident, as was Lester Wilcox, the driver of the truck-tractor. At the time of the accident the Morris boys were employed by one Salter, owner of the Ford truck. Admittedly, Lester Wilcox was acting in the course of his employment with defendants, and they are sued as his employers.

The present action for the death of Louis was consolidated for trial with another action brought by the plaintiff father to…