Berghuis v. Korthuis

Magney, Justice.

Plaintiff appeals from the order sustaining defendant’s demurrer to plaintiff’s original complaint and from the order sustaining defendant’s demurrer to plaintiff’s amended complaint. As an amended pleading supersedes the original and is to be construed as the only one interposed in the case (5 Dunnell, Dig. & Supp. § 7706), no consideration will be given to the order sustaining the demurrer to the original complaint.

The amended complaint charges that on April 14, 1946, in the village of Prinsburg, Kandiyohi county, Rosalia Berghuis, three years of age, was struck by an…