McGuigan v. Allen

Lees, C.

Appeal from an order sustaining a demurrer to a' portion of the answer.

The action was brought under the death statute, section 9657, G. .S. 1923. It was prosecuted to recover damages for the benefit of the widow and minor children of the deceased.

The complaint alleged that the defendant negligently drove his automobile against the deceased and inflicted injuries from which he died. The answer admitted all the facts alleged except negligence on the part of the defendant. As a special defense it alleged that, at the time of the injury, the deceased was in the employ of the United States…