Whittenberg v. Weber

delivered the- opinion of the court.

This is an action on the case brought by Maggie Whittenberg, appellant, against Fred Weber, appellee, to recover damages for personal injuries resulting to appellant from being thrown out of a buggy while driving along the public highway near appellee’s farm on December 11, 1921. The amended declaration contained three counts. A demurrer was sustained to the third count and appellee filed the general issue to the first and second counts and the case was tried on those counts before a jury. These counts alleged in substance that from the first day of…