This section contains the nature of the case and procedural background.

John Lundberg was killed in an automobile accident with John Sandilands, an employee of the State of New York (D). There is no dispute that Lunberg's death was the result of Sandilands negligence. D's employee was traveling from his home to a state reservoir project 80 miles away. D paid its employee living and travel expenses. Mrs. Lundberg (D) brought a survival and wrongful death action against Sandilands and the State (D). Sandilands settled for $20,000. The jury gave a judgment to P for $73,000. D appealed.

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