Helen Fellows v. Rice Farmer

In this jury-tried action for the alleged wrongful death of her husband, Harold L. Fellows, in and as the result of a one-vehicle
tragedy, plaintiff Helen Fellows obtained a judgment for $10,000 against Rice Farmer, as administrator of the estate of Clarence
V. Norman, deceased. V.A.M.S. §§ 537.020, 537.080 and 537.090. Defendant appeals. The accident occurred on Missouri State Highway 28 about two miles south of Dixon in Pulaski County, Missouri, at a highway
bridge (approximately fifty feet in length) over McMakin Creek. To avoid confusion as to directions, we will treat of Highway
28 and the bridge as running generally north-and-south, and of McMakin Creek as flowing downstream from east to west under
the bridge. Trooper Jim Hudson of the Missouri State Highway Patrol was called about 6;40 P.M. on May 27, 1958, and reached
the scene of accident at 7:15 P.M. while it was still "daylight." Hudson found a wrecked 1952 DeSoto coach in the creek bed,
just upstream or east or the highway bridge and near a vertical concrete wall or "wing" extending upstream (at right angles
to the highway and below its level) at the north end of the bridge to hold and protect the fill and embankment on that side
of the creek. The DeSoto was lying "more of less on its * * * right-hand side," with its front end headed downstream in a
general westerly direction and its wheels "sticking out" to the south.